Texas 2009 - 81st Regular

Texas Senate Bill SB1258 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hegar S.B. No. 1258
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to identification requirements for certain fire hydrants
7	7	and flush valves.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 341.0357, Health and Safety Code, as
10	10	added by Chapter 684 (H.B. 1717), Acts of the 80th Legislature,
11	11	Regular Session, 2007, is amended to read as follows:
12	12	Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR CERTAIN
13	13	[DEVICE WITH APPEARANCE OF] FIRE HYDRANTS AND FLUSH VALVES [HYDRANT
14	14	THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE EMERGENCY].
15	15	(a) In this section, "hydrant" means:
16	16	(1) a fire hydrant; or
17	17	(2) a metal flush valve that:
18	18	(A) has [The owner of any device having] the
19	19	appearance of a fire hydrant; and
20	20	(B) [that] is located in a place that an entity
21	21	responsible for providing fire suppression services in a fire
22	22	emergency would expect a fire hydrant to typically be located.
23	23	(b) Each public water system responsible for any hydrant
24	24	shall:
25	25	(1) paint all or the caps of the hydrant white if the
26	26	hydrant is available to be used only to fill a water tank on a fire
27	27	truck used for fire suppression services; and
28	28	(2) paint all or the caps of the hydrant [device] black
29	29	if the hydrant [device] is [nonfunctioning or otherwise]
30	30	unavailable for use by the entity providing fire suppression
31	31	services in a fire emergency.
32	32	(c) For purposes of Subsection (b)(2), a hydrant is
33	33	unavailable for use in a fire emergency if it is unavailable for
34	34	pumping directly from the hydrant or is unavailable for use in
35	35	filling a water tank on a fire truck used for fire suppression
36	36	services.
37	37	(d) A public water system [The owner] may place a black tarp
38	38	over the hydrant or use another means to conceal the hydrant
39	39	[device] instead of painting all or the caps of the hydrant [device]
40	40	black as required under Subsection (b)(2) [this section] if the
41	41	hydrant [device] is [temporarily nonfunctioning, or] temporarily
42	42	unavailable for use in a fire emergency for a period not to exceed
43	43	60 [seven] days. Not later than the 60th day after a hydrant is
44	44	concealed as provided by this subsection, the public water system
45	45	responsible for the hydrant shall:
46	46	(1) if the hydrant is functioning or otherwise
47	47	available for the provision of fire suppression services, remove
48	48	the tarp or other means of concealment; or
49	49	(2) if the hydrant continues to be unavailable for use
50	50	in a fire emergency, paint the hydrant black as required by
51	51	Subsection (b)(2).
52	52	(e) A public water system that paints a hydrant black as
53	53	required by Subsection (b)(2) may also ensure by any reasonable
54	54	means that the hydrant is identifiable in low-light conditions,
55	55	including by installing reflectors.
56	56	[(f)] [(b)] For purposes of this section, a hydrant
57	57	[device] is considered to be nonfunctioning if the device pumps
58	58	less than 250 gallons of water per minute.
59	59	(f) For purposes of this section, a hydrant is considered to
60	60	be unavailable for use by an entity responsible for providing fire
61	61	suppression services in a fire emergency if:
62	62	(1) the public water system is not obligated by
63	63	ordinance, regulation, or contract to provide water for fire
64	64	suppression services; or
65	65	(2) the public water system elects not to provide
66	66	water for those services; or
67	67	(3) the hydrant delivered less than 50 gallons of
68	68	water per minute during its most recent flow test under normal
69	69	conditions.
70	70	(g) [(c)] This section does not apply:
71	71	(1) within the jurisdiction of a governmental entity
72	72	that maintains its own system for labeling or color coding its
73	73	hydrants; or
74	74	(2) to any public water system that has entered into a
75	75	contract with a municipality or volunteer fire department to
76	76	provide a water supply for fire suppression services if the
77	77	contract specifies a different system for labeling or color coding
78	78	hydrants [a device having the appearance of a fire hydrant that is
79	79	nonfunctioning or otherwise unavailable for use in a fire
80	80	emergency].
81	81	(h) For purposes of Subsection (g), a system for labeling or
82	82	color coding hydrants may include the assignment of different
83	83	colors to identify hydrants that are available for direct pumping,
84	84	hydrants that are available for filling a water tank on a fire truck
85	85	used for fire suppression services, and hydrants that are
86	86	unavailable for use by an entity providing fire suppression
87	87	services in a fire emergency.
88	88	(i) The fact that a hydrant for which a public water system
89	89	is responsible under this section is not painted black as described
90	90	by Subsection (b)(2) or concealed in the manner described by
91	91	Subsection (d) does not constitute a guarantee by the public water
92	92	system that the hydrant will deliver a certain amount of water flow
93	93	at all times. Notwithstanding any provision of Chapter 101, Civil
94	94	Practice and Remedies Code, to the contrary, a public water system
95	95	is not liable for a hydrant's inability to provide adequate water
96	96	supply in a fire emergency.
97	97	SECTION 2. Not later than January 1, 2010, each public water
98	98	system responsible for hydrants under Section 341.0357, Health and
99	99	Safety Code, as added by Chapter 684 (H.B. 1717), Acts of the 80th
100	100	Legislature, Regular Session, 2007, and as amended by this Act,
101	101	shall ensure that its hydrants comply with the requirements imposed
102	102	by that section.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2009.