By: Dutton H.B. No. 2672
Substitute the following for H.B. No. 2672:
By: Mallory Caraway C.S.H.B. No. 2672
A BILL TO BE ENTITLED
AN ACT
relating to safety measures for culverts or other similar flood or
drainage systems maintained by governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Logan's Law.
SECTION 2. Chapter 756, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. CULVERTS OR OTHER DRAINAGE SYSTEMS
Sec. 756.151. DUTY OF MUNICIPALITY. (a) This section
applies only to an intake to a culvert or other enclosed flood or
drainage system that is:
(1) maintained by a municipality with a population of
more than two million; and
(2) located within 100 feet of an elementary school.
(b) A municipality shall ensure that:
(1) each intake described by Subsection (a) is
protected by a bar, grate, or other appropriate covering sufficient
to ensure that a child may not be swept into the system; and
(2) a sign warning of the hazard for a child, including
the danger for injury or drowning, is clearly posted at the intake.
(c) A municipality shall ensure that each culvert or other
enclosed flood or drainage system with an intake that is subject to
the requirements of this section has a hinged opening or other type
of opening and closing mechanism to permit emergency services
personnel to access the system.
SECTION 3. Not later than September 1, 2011, a municipality
with a population of more than two million shall ensure that each
culvert or other enclosed flood or drainage system and each intake
to the system meets the requirements of Section 756.151, Health and
Safety Code, as added by this Act.
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.