Texas 2009 - 81st Regular

Texas House Bill HB1913 Compare Versions

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1	1	81R14565 KSD-D
2	2	By: McReynolds, Pea, Gonzalez Toureilles, H.B. No. 1913
3	3	Elkins, et al.
4	4	Substitute the following for H.B. No. 1913:
5	5	By: Turner of Tarrant C.S.H.B. No. 1913
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to identification requirements for certain fire hydrants
11	11	and flush valves.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 341.0357, Health and Safety Code, as
14	14	added by Chapter 684 (H.B. 1717), Acts of the 80th Legislature,
15	15	Regular Session, 2007, is amended to read as follows:
16	16	Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR CERTAIN
17	17	[DEVICE WITH APPEARANCE OF] FIRE HYDRANTS AND FLUSH VALVES [HYDRANT
18	18	THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE
19	19	EMERGENCY]. (a) In this section, "hydrant" means:
20	20	(1) a fire hydrant; or
21	21	(2) a metal flush valve that:
22	22	(A) has [The owner of any device having] the
23	23	appearance of a fire hydrant; and
24	24	(B) [that] is located in a place that an entity
25	25	responsible for providing fire suppression services in a fire
26	26	emergency would expect a fire hydrant to typically be located.
27	27	(b) Each public water system responsible for any hydrant
28	28	shall:
29	29	(1) paint all or the cap of the hydrant white if the
30	30	hydrant is available to be used only to fill a water tank on a fire
31	31	truck used for fire suppression services; and
32	32	(2) paint all or the cap of the hydrant [device] black
33	33	if the hydrant [device] is [nonfunctioning or otherwise]
34	34	unavailable for use by the entity providing fire suppression
35	35	services in a fire emergency.
36	36	(c) For purposes of Subsection (b)(2), a hydrant is
37	37	unavailable for use in a fire emergency if it is unavailable for
38	38	pumping directly from the hydrant or is unavailable for use in
39	39	filling a water tank on a fire truck used for fire suppression
40	40	services.
41	41	(d) A public water system [The owner] may place a black tarp
42	42	over the hydrant or use another means to conceal the hydrant
43	43	[device] instead of painting all or the cap of the hydrant [device]
44	44	black as required under Subsection (b)(2) [this section] if the
45	45	hydrant [device] is temporarily [nonfunctioning, or temporarily]
46	46	unavailable for use in a fire emergency[,] for a period not to
47	47	exceed 60 [seven] days. Not later than the 60th day after the date a
48	48	hydrant is concealed as provided by this subsection, the public
49	49	water system responsible for the hydrant shall:
50	50	(1) if the hydrant is available for the provision of
51	51	fire suppression services, remove the tarp or other means of
52	52	concealment; or
53	53	(2) if the hydrant continues to be unavailable for use
54	54	in a fire emergency, paint all or the cap of the hydrant black as
55	55	required by Subsection (b)(2).
56	56	(e) A public water system that paints all or the cap of a
57	57	hydrant black as required by Subsection (b)(2) may also ensure by
58	58	any reasonable means that the hydrant is identifiable in low-light
59	59	conditions, including by installing reflectors.
60	60	(f) [(b)] For purposes of this section, a hydrant [device]
61	61	is considered to be unavailable for use by an entity responsible for
62	62	providing fire suppression services in a fire emergency if:
63	63	(1) the public water system is not obligated by
64	64	ordinance, regulation, or contract to provide water for fire
65	65	suppression services and elects not to provide water for those
66	66	services; or
67	67	(2) the hydrant delivered less than 50 gallons of
68	68	water per minute during its most recent flow test under normal
69	69	conditions [nonfunctioning if the device pumps less than 250
70	70	gallons of water per minute].
71	71	(g) [(c)] This section does not apply:
72	72	(1) within the jurisdiction of a governmental entity
73	73	that maintains its own system for labeling or color coding its
74	74	hydrants; or
75	75	(2) to any public water system that has entered into a
76	76	contract with a municipality or volunteer fire department to
77	77	provide a water supply for fire suppression services if the
78	78	contract specifies a different system for labeling or color coding
79	79	hydrants [a device having the appearance of a fire hydrant that is
80	80	nonfunctioning or otherwise unavailable for use in a fire
81	81	emergency].
82	82	(h) For purposes of Subsection (g), a system for labeling
83	83	or color coding hydrants may include the assignment of different
84	84	colors to identify hydrants that are available for direct pumping,
85	85	hydrants that are available for filling a water tank on a fire truck
86	86	used for fire suppression services, and hydrants that are
87	87	unavailable for use by an entity providing fire suppression
88	88	services in a fire emergency.
89	89	(i) The fact that all or the cap of a hydrant for which a
90	90	public water system is responsible under this section is not
91	91	painted black as described by Subsection (b)(2) or concealed in the
92	92	manner described by Subsection (d) does not constitute a guarantee
93	93	by the public water system that the hydrant will deliver a certain
94	94	amount of water flow at all times. Notwithstanding any provision of
95	95	Chapter 101, Civil Practice and Remedies Code, to the contrary, a
96	96	public water system is not liable for a hydrant's inability to
97	97	provide adequate water supply in a fire emergency.
98	98	SECTION 2. Not later than January 1, 2010, each public water
99	99	system responsible for hydrants under Section 341.0357, Health and
100	100	Safety Code, as added by Chapter 684 (H.B. 1717), Acts of the 80th
101	101	Legislature, Regular Session, 2007, and as amended by this Act,
102	102	shall ensure that its hydrants comply with the requirements imposed
103	103	by that section.
104	104	SECTION 3. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2009.