83R10368 JXC-D
By: Moody H.B. No. 2677
A BILL TO BE ENTITLED
AN ACT
relating to municipal standards for retail public utilities that
provide water service in the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.0357(a), Health and Safety Code, is
amended to read as follows:
(a) The owner of any device having the appearance of a fire
hydrant that 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 shall paint the device
black if the device is nonfunctioning or otherwise unavailable for
use by the entity providing fire suppression services in a fire
emergency. The owner may place a black tarp over the device instead
of painting the device black as required under this section if the
device is temporarily nonfunctioning, or temporarily unavailable
for use in a fire emergency, for a period not to exceed seven days.
An owner may not paint a functioning device black or place a black
tarp over a functioning device.
SECTION 2. Chapter 342, Local Government Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 342.901. MUNICIPAL FIRE SUPPRESSION STANDARDS. (a)
In this section, "retail public utility" has the meaning assigned
by Section 13.002, Water Code, and includes a water supply
corporation as defined by Section 49.001, Water Code, and an
investor-owned utility.
(b) A municipality by ordinance may establish standards
that require a retail public utility that provides water service in
the municipality or the municipality's extraterritorial
jurisdiction to provide basic water flow that is sufficient to
provide adequate pressure to fire suppression systems and
equipment, including fire hydrants.
SECTION 3. Section 13.247, Water Code, is amended by adding
Subsection (e) to read as follows:
(e) A municipality by ordinance may require a retail public
utility, including an investor-owned utility, certified or
entitled to certification under this chapter to provide service or
operate facilities inside the boundaries of the municipality to
provide the service or operate the facilities in the same manner
that the municipality would be required to provide the service or
operate the facilities.
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.