| 1 | 1 | | 81R9511 TRH-F |
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| 2 | 2 | | By: Maldonado H.B. No. 2807 |
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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 water pressure standards for fire hydrants in |
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| 8 | 8 | | certain municipalities. |
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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. Sections 341.0357(b), (c), (d), (e), and (f), |
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| 11 | 11 | | Health and Safety Code, as added by Chapter 861 (H.B. 1391), Acts of |
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| 12 | 12 | | the 80th Legislature, Regular Session, 2007, are amended to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) The regulatory authority for a public utility shall by |
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| 15 | 15 | | rule or ordinance adopt standards for maintaining sufficient water |
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| 16 | 16 | | pressure for service to fire hydrants adequate to protect public |
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| 17 | 17 | | safety in residential areas in a municipality with a population of |
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| 18 | 18 | | 10,000 [1,000,000] or more. |
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| 19 | 19 | | (c) The commission shall assess residential areas in a |
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| 20 | 20 | | municipality with a population of 10,000 [1,000,000] or more to |
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| 21 | 21 | | ensure that: |
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| 22 | 22 | | (1) the regulatory authority for the area has adopted |
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| 23 | 23 | | the standards required by this section; and |
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| 24 | 24 | | (2) all public utilities serving the residential area |
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| 25 | 25 | | are complying with the standards required by this section. |
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| 26 | 26 | | (d) The commission shall require a municipality with a |
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| 27 | 27 | | population of 10,000 [1,000,000] or more and acting as a regulatory |
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| 28 | 28 | | authority to make appropriate revisions to standards the commission |
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| 29 | 29 | | considers to be inadequate within a reasonable time established by |
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| 30 | 30 | | the commission. |
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| 31 | 31 | | (e) The commission shall require a public utility in |
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| 32 | 32 | | violation of a standard required under this section and established |
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| 33 | 33 | | by the commission or by a municipality with a population of 10,000 |
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| 34 | 34 | | [1,000,000] or more and acting as a regulatory authority to comply |
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| 35 | 35 | | with the standard within a reasonable time established by the |
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| 36 | 36 | | commission. |
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| 37 | 37 | | (f) This section does not limit the authority of a |
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| 38 | 38 | | municipality with a population of 10,000 [1,000,000] or more and |
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| 39 | 39 | | acting as a regulatory authority to prohibit a public utility in |
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| 40 | 40 | | violation of a standard established by the municipality from |
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| 41 | 41 | | recovering through the public utility's rates a penalty or fine |
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| 42 | 42 | | incurred for a violation of a standard. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2009. |
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