Bill Text: TX SB1086 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the regulation of certain water and sewage utilities to ensure public safety in and around certain municipalities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1086 Detail]
Download: Texas-2013-SB1086-Enrolled.html
S.B. No. 1086 |
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relating to the regulation of certain water and sewage utilities to | ||
ensure public safety in and around certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 341.0358, Health and | ||
Safety Code, is amended by amending Subdivision (1) and adding | ||
Subdivision (1-a) to read as follows: | ||
(1) "Industrial district" has the meaning assigned by | ||
Section 42.044, Local Government Code, and includes an area that is | ||
designated by the governing body of a municipality as a zoned | ||
industrial area. | ||
(1-a) "Public utility" has the meaning assigned by | ||
Section 13.002, Water Code. | ||
SECTION 2. Subsection (g), Section 341.0358, Health and | ||
Safety Code, is amended to read as follows: | ||
(g) This section also applies to: | ||
(1) a municipality with a population of more than | ||
36,000 and less than 41,000 located in two counties, one of which is | ||
a county with a population of more than 1.8 million; | ||
(2) a municipality, including any industrial district | ||
within the municipality or its extraterritorial jurisdiction, with | ||
a population of more than 7,000 and less than 30,000 located in a | ||
county with a population of more than 155,000 and less than 180,000; | ||
and | ||
(3) a municipality, including any industrial district | ||
within the municipality or its extraterritorial jurisdiction, with | ||
a population of more than 11,000 and less than 18,000 located in a | ||
county with a population of more than 125,000 and less than 230,000. | ||
SECTION 3. Subchapter C, Chapter 341, Health and Safety | ||
Code, is amended by adding Section 341.03585 to read as follows: | ||
Sec. 341.03585. FIRE HYDRANT FLOW AND PRESSURE STANDARDS IN | ||
CERTAIN MUNICIPALITIES. (a) In this section: | ||
(1) "Industrial district" has the meaning assigned by | ||
Section 42.044, Local Government Code, and includes an area that is | ||
designated by the governing body of a municipality as a zoned | ||
industrial area. | ||
(2) "Municipal utility" means a retail public utility, | ||
as defined by Section 13.002, Water Code, that is owned by a | ||
municipality. | ||
(3) "Residential area" has the meaning assigned by | ||
Section 341.0358. | ||
(4) "Utility" includes a "public utility" and "water | ||
supply or sewer service corporation" as defined by Section 13.002, | ||
Water Code. | ||
(b) This section applies only to: | ||
(1) a municipality, including any industrial district | ||
within the municipality or its extraterritorial jurisdiction, with | ||
a population of more than 7,000 and less than 30,000 located in a | ||
county with a population of more than 155,000 and less than 180,000; | ||
and | ||
(2) a municipality, including any industrial district | ||
within the municipality or its extraterritorial jurisdiction, with | ||
a population of more than 11,000 and less than 18,000 located in a | ||
county with a population of more than 125,000 and less than 230,000. | ||
(c) The governing body of a municipality by ordinance shall | ||
adopt standards requiring a utility to maintain a sufficient water | ||
flow and pressure to fire hydrants in a residential area or an | ||
industrial district located in the municipality or the | ||
municipality's extraterritorial jurisdiction. The standards: | ||
(1) in addition to a utility's maximum daily demand, | ||
must provide, for purposes of emergency fire suppression, for: | ||
(A) a sufficient water flow not in excess of 250 | ||
gallons per minute for at least two hours; and | ||
(B) a sufficient water pressure not in excess of | ||
20 pounds per square inch; | ||
(2) must require a utility to maintain at least the | ||
sufficient water flow and pressure described by Subdivision (1) in | ||
fire hydrants in a residential area or an industrial district | ||
located within the municipality or the municipality's | ||
extraterritorial jurisdiction; and | ||
(3) notwithstanding Subdivisions (1) and (2), if the | ||
municipality owns a municipal utility, may not require another | ||
utility located in the municipality or the municipality's | ||
extraterritorial jurisdiction to provide water flow and pressure in | ||
a fire hydrant greater than that provided by the municipal utility. | ||
(d) Except as provided by this subsection, an ordinance | ||
under Subsection (c) may not require a utility to build, retrofit, | ||
or improve fire hydrants and related infrastructure in existence at | ||
the time the ordinance is adopted. An ordinance under Subsection | ||
(c) may apply to a utility's fire hydrants and related | ||
infrastructure that the utility: | ||
(1) installs after the effective date of the | ||
ordinance; or | ||
(2) acquires after the effective date of the ordinance | ||
if the hydrants and infrastructure comply with the standards | ||
adopted by the ordinance at the time the hydrants and | ||
infrastructure are acquired. | ||
(e) After adoption of an ordinance under Subsection (c), the | ||
municipality shall encourage any responsible emergency services | ||
district, as described by Chapter 775, to enter into a written | ||
memorandum of understanding with the utility to provide for: | ||
(1) the necessary testing of fire hydrants; and | ||
(2) other relevant issues pertaining to the use of the | ||
water and maintenance of the fire hydrants to ensure compliance | ||
with this section. | ||
(f) After adoption of an ordinance under Subsection (c), the | ||
utility shall paint all fire hydrants in accordance with the | ||
ordinance or a memorandum of understanding under Subsection (e) | ||
that are located in a residential area or an industrial district | ||
within the municipality or the municipality's extraterritorial | ||
jurisdiction. | ||
(g) Notwithstanding any provision of Chapter 101, Civil | ||
Practice and Remedies Code, to the contrary, a utility is not liable | ||
for a hydrant's or metal flush valve's inability to provide adequate | ||
water supply in a fire emergency. This subsection does not waive a | ||
municipality's immunity under Subchapter I, Chapter 271, Local | ||
Government Code, or any other law and does not create any liability | ||
on the part of a municipality or utility under a joint enterprise | ||
theory of liability. | ||
SECTION 4. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1086 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 23, 2013, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1086 passed the House, with | ||
amendment, on May 20, 2013, by the following vote: Yeas 147, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |