H.B. No. 1768
AN ACT
relating to identification requirements for certain fire hydrants
and flush valves.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.0357, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) This section does not apply within the jurisdiction of a
governmental entity described by Section 341.03571(b).
SECTION 2. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.03571 to read as follows:
Sec. 341.03571. IDENTIFICATION REQUIREMENT FOR CERTAIN
FIRE HYDRANTS AND FLUSH VALVES IN CERTAIN MUNICIPALITIES. (a) In
this section, "hydrant" means:
(1) a fire hydrant; or
(2) a metal flush valve that:
(A) has the appearance of a fire hydrant; and
(B) is located in a place that an entity
responsible for providing fire suppression services in a fire
emergency would expect a fire hydrant to typically be located.
(b) This section applies only to a county, or a municipality
in a county, that:
(1) borders the United Mexican States or is adjacent
to a county that borders the United Mexican States;
(2) has a population of at least 400,000 or has a
population of at least 20,000 and is adjacent to a county that has a
population of at least 400,000; and
(3) is within 200 miles of the Gulf of Mexico.
(c) Each public water system responsible for any hydrant
shall:
(1) paint all or the cap of the hydrant white if the
hydrant is available to be used only to fill a water tank on a fire
truck used for fire suppression services; and
(2) paint all or the cap of the hydrant black if the
hydrant is unavailable for use by the entity providing fire
suppression services in a fire emergency.
(d) For purposes of Subsection (c)(2), a hydrant is
unavailable for use in a fire emergency if it is unavailable for
pumping directly from the hydrant or is unavailable for use in
filling a water tank on a fire truck used for fire suppression
services.
(e) A public water system may place a black tarp over the
hydrant or use another means to conceal the hydrant instead of
painting all or the cap of the hydrant black as required under
Subsection (c)(2) if the hydrant is temporarily unavailable for use
in a fire emergency for a period not to exceed 45 days. Not later
than the 45th day after the date a hydrant is concealed as provided
by this subsection, the public water system responsible for the
hydrant shall:
(1) if the hydrant is available for the provision of
fire suppression services, remove the tarp or other means of
concealment; or
(2) if the hydrant continues to be unavailable for use
in a fire emergency, paint all or the cap of the hydrant black as
required by Subsection (c)(2).
(f) A public water system that paints all or the cap of a
hydrant black as required by Subsection (c)(2) may also ensure by
any reasonable means that the hydrant is identifiable in low-light
conditions, including by installing reflectors.
(g) This section does not apply:
(1) within the jurisdiction of a governmental entity
that maintains its own system for labeling or color coding its
hydrants; or
(2) to any public water system that has entered into a
contract with a municipality or volunteer fire department to
provide a water supply for fire suppression services if the
contract specifies a different system for labeling or color coding
hydrants.
(h) For purposes of Subsection (g), a system for labeling or
color coding hydrants may include the assignment of different
colors to identify hydrants that are available for direct pumping,
hydrants that are available for filling a water tank on a fire truck
used for fire suppression services, and hydrants that are
unavailable for use by an entity providing fire suppression
services in a fire emergency.
(i) The fact that all or the cap of a hydrant for which a
public water system is responsible under this section is not
painted black as described by Subsection (c)(2) or concealed in the
manner described by Subsection (e) does not constitute a guarantee
by the public water system that the hydrant will deliver a certain
amount of water flow at all times. Notwithstanding any provision of
Chapter 101, Civil Practice and Remedies Code, to the contrary, a
public water system is not liable for a hydrant's inability to
provide adequate water supply in a fire emergency.
SECTION 3. Not later than January 1, 2014, each public water
system responsible for hydrants under Section 341.03571, Health and
Safety Code, as added by this Act, shall ensure that its hydrants
comply with the requirements imposed by that section.
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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1768 was passed by the House on April
25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1768 on May 16, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1768 on May 25, 2013, by the following vote: Yeas 142,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1768 was passed by the Senate, with
amendments, on May 13, 2013, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1768 on May 26, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor