82R12136 T
By: Callegari H.B. No. 2619
A BILL TO BE ENTITLED
AN ACT
Relating to the submission of information about critical water and
wastewater facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.1396(a)(2), Water Code, is repealed
and the remaining subsections are renumbered accordingly.
SECTION 2. Section 13.1396(b) is amended to read as
follows:
(b) An affected utility shall submit to [the county judge,]
the office of emergency management of each county in which the
utility has more than one customer, the Public Utility Commission
of Texas, and the office of emergency management of the governor, a
copy of:
(1) the affected utility's emergency preparedness plan
approved under Section 13.1395; and
(2) the commission's notification to the affected
utility that the plan is accepted.
SECTION 3. Section 13.1396(c) is amended to read as
follows:
(c) Each affected utility shall submit to each retail
electric provider that sells electric power to the affected
utility, each electric utility that provides transmission and
distribution service to the affected utility, [the county judge
and] the office of emergency management of each county in which the
utility has water and wastewater facilities that qualify for
critical load status under rules adopted by the Public Utility
Commission of Texas, and to the Public Utility Commission of Texas
and the division of emergency management of the governor:
(1) information identifying the location and
providing a general description of all water and wastewater
facilities that qualify for critical load status; and
(2) emergency contact information for the affected
utility, including:
(A) the person who will serve as a point of
contact and the person's telephone number;
(B) the person who will serve as an alternative
point of contact and the person's telephone number; and
(C) the affected utility's mailing address.
(d) An affected utility shall immediately update the
information provided under Subsection (c) as changes to the
information occur.
(e) [Not later than February 1 of each year, the county
judge of each county that receives the information required by
Subsections (c) and (d) shall:
[(1) submit the information for each affected utility
to each retail electric provider that sells electric power to an
affected utility and each electric utility that provides
transmission and distribution service to an affected utility; and
[(2) in cooperation with the] An affected utility
shall [,] submit [for each affected utility] any forms reasonably
required by an electric utility or retail electric provider for
determining critical load status, including a critical care
eligibility determination form or similar form.
(f) Not later than May 1 of each year, each electric utility
and each retail electric provider shall determine whether the
facilities of the affected utility qualify for critical load status
under rules adopted by the Public Utility Commission of Texas.
(g) If an electric utility determines that an affected
utility's facilities do not qualify for critical load status, the
electric utility and the retail electric provider, not later than
the 30th day after the date the electric utility or retail electric
provider receives the information required by Subsections (c) and
(d), shall provide a detailed explanation of the electric utility's
determination to the affected utility and to the office of
emergency management of the [each] county in which the water and
wastewater facilities are located [judge that submitted the
information].
SECTION 4. 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, 2011.