By: Howard (Senate Sponsor - Watson) H.B. No. 3813
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 8, 2013, rereferred to Committee
on Natural Resources; May 16, 2013, reported adversely, with
favorable Committee Substitute by the following vote:
Yeas 9, Nays 0; May 16, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3813 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to municipal fire suppression standards in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 342, Local Government Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 342.901. FIRE SUPPRESSION STANDARDS IN CERTAIN
MUNICIPALITIES. (a) This section applies to a general law
municipality that:
(1) has a population of less than 4,000;
(2) is located in a county that:
(A) has a population of more than one
million; and
(B) is adjacent to a county with a population of
more than 420,000; and
(3) is served by a district governed by Chapter 51,
Water Code.
(b) Notwithstanding any other law, the governing body of a
municipality may by ordinance establish water flow and water
pressure standards sufficient to provide adequate pressure to fire
suppression systems and require a district described by Subsection
(a)(3) that provides water service in the municipality to take
reasonable measures to comply with those standards.
(c) Before a municipality adopts an ordinance under this
section, the municipality shall, in consultation with the district
described by Subsection (a)(3) that is subject to the proposed
ordinance, estimate the costs associated with the proposed
ordinance.
(d) A district described by Subsection (a)(3) may recover
the costs associated with complying with an ordinance adopted under
this section through a surcharge assessed only to customers served
in the municipality to the extent that:
(1) complying with the ordinance results in additional
costs for the district; and
(2) the ordinance establishes water flow and water
pressure standards inside municipal boundaries that are different
than water flow and water pressure standards required outside
municipal boundaries.
(e) To the extent of a conflict between this section and any
other law, this section controls.
SECTION 2. 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.
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