| 1 | 1 | | 81R10767 TRH-D |
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| 2 | 2 | | By: Callegari H.B. No. 2405 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that certain retail water and sewer |
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| 8 | 8 | | utility services maintain service during an extended power outage. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
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| 11 | 11 | | by adding Section 13.1395 to read as follows: |
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| 12 | 12 | | Sec. 13.1395. EMERGENCY MUTUAL AID AGREEMENTS. (a) The |
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| 13 | 13 | | commission by rule shall assign each county in this state a level of |
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| 14 | 14 | | risk of "low," "moderate," or "high" according to that county's |
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| 15 | 15 | | likelihood of experiencing a major disaster, based on historical |
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| 16 | 16 | | information regarding the number of past major disasters affecting |
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| 17 | 17 | | each county. |
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| 18 | 18 | | (b) Each retail public utility, exempt utility, or provider |
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| 19 | 19 | | of wholesale sewer service or potable water service in a county |
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| 20 | 20 | | receiving a risk designation of "high" based on the commission's |
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| 21 | 21 | | assessment under Subsection (a) shall submit to the commission for |
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| 22 | 22 | | its approval a mutual aid agreement with another utility or |
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| 23 | 23 | | provider that ensures each utility's or provider's continued |
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| 24 | 24 | | provision of water and sewer services during an extended power |
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| 25 | 25 | | outage. A mutual aid agreement under this subsection must: |
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| 26 | 26 | | (1) ensure that each participant is capable of |
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| 27 | 27 | | furnishing water and sewer services during an extended power outage |
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| 28 | 28 | | at the minimum water pressure required under commission rules; and |
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| 29 | 29 | | (2) include provisions for the active coordination of |
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| 30 | 30 | | recovery efforts with the state operations center. |
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| 31 | 31 | | (c) The commission shall adopt rules as necessary to |
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| 32 | 32 | | implement this section, provided that the rules emphasize the use |
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| 33 | 33 | | of the most cost-effective means of compliance and place as little |
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| 34 | 34 | | administrative burden on a utility or provider as is practicable. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2009. |
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