By: Callegari (Senate Sponsor - Hegar) H.B. No. 805
(In the Senate - Received from the House March 31, 2011;
April 13, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 17, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 17, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 805 By: Davis
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain water service providers
ensure emergency operations during an extended power outage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.1395(a)(1), Water Code, is amended to
read as follows:
(1) "Affected utility" means a retail public utility,
exempt utility, or provider or conveyor of potable or raw water
service that furnishes water service to more than one customer:
(A) in a county with a population of 3.3 million
or more; or
(B) in a county with a population of 550,000
[400,000] or more adjacent to a county with a population of 3.3
million or more.
SECTION 2. (a) Not later than November 1, 2011, each
affected utility described by Section 13.1395(a)(1)(B), Water
Code, as amended by this Act, shall submit the information required
by Section 13.1396, Water Code, to:
(1) each appropriate county judge and office of
emergency management;
(2) the Public Utility Commission of Texas; and
(3) the division of emergency management of the
governor.
(b) Not later than February 1, 2012, each affected utility
described by Section 13.1395(a)(1)(B), Water Code, as amended by
this Act, shall submit to the Texas Commission on Environmental
Quality the emergency preparedness plan required by Section
13.1395, Water Code, as amended by this Act.
(c) Not later than June 1, 2012, each affected utility
described by Section 13.1395(a)(1)(B), Water Code, as amended by
this Act, shall implement the emergency preparedness plan approved
by the Texas Commission on Environmental Quality under Section
13.1395, Water Code, as amended by this Act.
(d) An affected utility described by Section
13.1395(a)(1)(B), Water Code, as amended by this Act, may file with
the Texas Commission on Environmental Quality a written request for
an extension, not to exceed 90 days, of the date by which the
affected utility is required under Subsection (b) of this section
to submit the affected utility's emergency preparedness plan or of
the date by which the affected utility is required under Subsection
(c) of this section to implement the affected utility's emergency
preparedness plan. The Texas Commission on Environmental Quality
shall approve the requested extension for good cause shown.
SECTION 3. 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.
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