Texas 2013 83rd Regular

Texas House Bill HB3813 Enrolled / Bill

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                    H.B. No. 3813


 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 and the district described by Subsection
 (a)(3) that is subject to the proposed ordinance shall establish
 the scope of and estimate the costs associated with any capital
 improvements necessary to comply 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
 capital improvement costs for the district; and
 (2)  the ordinance establishes water flow and water
 pressure standards inside municipal boundaries that are more
 stringent
 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 3813 was passed by the House on May 2,
 2013, by the following vote:  Yeas 145, Nays 2, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 3813 on May 23, 2013, by the following vote:  Yeas 146, Nays 1,
 2 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 3813 was passed by the Senate, with
 amendments, on May 20, 2013, by the following vote:  Yeas 31, Nays
 0.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor