81R14565 KSD-D
By: McReynolds, Pea, Gonzalez Toureilles, H.B. No. 1913
Elkins, et al.
Substitute the following for H.B. No. 1913:
By: Turner of Tarrant C.S.H.B. No. 1913
A BILL TO BE ENTITLED
AN ACT
relating to identification requirements for certain fire hydrants
and flush valves.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.0357, Health and Safety Code, as
added by Chapter 684 (H.B. 1717), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR CERTAIN
[DEVICE WITH APPEARANCE OF] FIRE HYDRANTS AND FLUSH VALVES [HYDRANT
THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE
EMERGENCY]. (a) In this section, "hydrant" means:
(1) a fire hydrant; or
(2) a metal flush valve that:
(A) has [The owner of any device having] the
appearance of a fire hydrant; and
(B) [that] is located in a place that an entity
responsible for providing fire suppression services in a fire
emergency would expect a fire hydrant to typically be located.
(b) Each public water system responsible for any hydrant
shall:
(1) paint all or the cap of the hydrant white if the
hydrant is available to be used only to fill a water tank on a fire
truck used for fire suppression services; and
(2) paint all or the cap of the hydrant [device] black
if the hydrant [device] is [nonfunctioning or otherwise]
unavailable for use by the entity providing fire suppression
services in a fire emergency.
(c) For purposes of Subsection (b)(2), a hydrant is
unavailable for use in a fire emergency if it is unavailable for
pumping directly from the hydrant or is unavailable for use in
filling a water tank on a fire truck used for fire suppression
services.
(d) A public water system [The owner] may place a black tarp
over the hydrant or use another means to conceal the hydrant
[device] instead of painting all or the cap of the hydrant [device]
black as required under Subsection (b)(2) [this section] if the
hydrant [device] is temporarily [nonfunctioning, or temporarily]
unavailable for use in a fire emergency[,] for a period not to
exceed 60 [seven] days. Not later than the 60th day after the date a
hydrant is concealed as provided by this subsection, the public
water system responsible for the hydrant shall:
(1) if the hydrant is available for the provision of
fire suppression services, remove the tarp or other means of
concealment; or
(2) if the hydrant continues to be unavailable for use
in a fire emergency, paint all or the cap of the hydrant black as
required by Subsection (b)(2).
(e) A public water system that paints all or the cap of a
hydrant black as required by Subsection (b)(2) may also ensure by
any reasonable means that the hydrant is identifiable in low-light
conditions, including by installing reflectors.
(f) [(b)] For purposes of this section, a hydrant [device]
is considered to be unavailable for use by an entity responsible for
providing fire suppression services in a fire emergency if:
(1) the public water system is not obligated by
ordinance, regulation, or contract to provide water for fire
suppression services and elects not to provide water for those
services; or
(2) the hydrant delivered less than 50 gallons of
water per minute during its most recent flow test under normal
conditions [nonfunctioning if the device pumps less than 250
gallons of water per minute].
(g) [(c)] This section does not apply:
(1) within the jurisdiction of a governmental entity
that maintains its own system for labeling or color coding its
hydrants; or
(2) to any public water system that has entered into a
contract with a municipality or volunteer fire department to
provide a water supply for fire suppression services if the
contract specifies a different system for labeling or color coding
hydrants [a device having the appearance of a fire hydrant that is
nonfunctioning or otherwise unavailable for use in a fire
emergency].
(h) For purposes of Subsection (g), a system for labeling
or color coding hydrants may include the assignment of different
colors to identify hydrants that are available for direct pumping,
hydrants that are available for filling a water tank on a fire truck
used for fire suppression services, and hydrants that are
unavailable for use by an entity providing fire suppression
services in a fire emergency.
(i) The fact that all or the cap of a hydrant for which a
public water system is responsible under this section is not
painted black as described by Subsection (b)(2) or concealed in the
manner described by Subsection (d) does not constitute a guarantee
by the public water system that the hydrant will deliver a certain
amount of water flow at all times. Notwithstanding any provision of
Chapter 101, Civil Practice and Remedies Code, to the contrary, a
public water system is not liable for a hydrant's inability to
provide adequate water supply in a fire emergency.
SECTION 2. Not later than January 1, 2010, each public water
system responsible for hydrants under Section 341.0357, Health and
Safety Code, as added by Chapter 684 (H.B. 1717), Acts of the 80th
Legislature, Regular Session, 2007, and as amended by this Act,
shall ensure that its hydrants comply with the requirements imposed
by that section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.