H.R. No. 2759
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 1768 (identification
requirements for certain fire hydrants and flush valves) to
consider and take action on the following matter:
(1) House Rule 13, Sections 9(a)(1) and (2), are suspended
to permit the committee to change and omit text not in disagreement
in proposed SECTION 1 of the bill, in amended Section 341.0357,
Health and Safety Code, to read as follows:
SECTION 1. Section 341.0357, Health and Safety Code, is
amended to read as follows:
Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR CERTAIN
[DEVICE WITH APPEARANCE OF] FIRE HYDRANTS AND FLUSH VALVES [HYDRANT
THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE
EMERGENCY]. (a) In this section, "hydrant" means:
(1) a fire hydrant; or
(2) a metal flush valve that:
(A) has [The owner of any device having] the
appearance of a fire hydrant; and
(B) [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.
(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 water utility 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 [device] black
if the hydrant [device] is [nonfunctioning or otherwise]
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 water utility [The owner] may place a black tarp over
the hydrant or use another means to conceal the hydrant [device]
instead of painting all or the cap of the hydrant [device] black as
required under Subsection (c)(2) [this section] if the hydrant
[device] is temporarily [nonfunctioning, or temporarily]
unavailable for use in a fire emergency[,] for a period not to
exceed 45 [seven] days. Not later than the 45th day after the date a
hydrant is concealed as provided by this subsection, the water
utility 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 water utility 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) [(b)] For purposes of this section, a hydrant [device]
is considered to be unavailable for use by an entity responsible for
providing fire suppression services in a fire emergency if the
water utility is not obligated by ordinance, regulation, or
contract to provide water for fire suppression services and elects
not to provide water for those services [nonfunctioning if the
device pumps less than 250 gallons of water per minute].
(h) [(c)] 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 water utility 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 [a device having the appearance of a fire hydrant that is
nonfunctioning or otherwise unavailable for use in a fire
emergency].
(i) For purposes of Subsection (h), 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.
(j) The fact that all or the cap of a hydrant for which a
water utility 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
water utility 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 water
utility is not liable for a hydrant's inability to provide adequate
water supply in a fire emergency.
Explanation: The change is necessary to omit the section
amending Section 341.0357, Health and Safety Code, to preserve the
application of that law to certain municipalities.
(2) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter not in disagreement by adding
the following new SECTIONS to the bill:
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.
Explanation: This addition is necessary to preserve the
application of current law to certain municipalities and to enact
new law applicable to other municipalities.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change text not in disagreement in proposed
SECTION 2 of the bill, in the transition language, to read as
follows:
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.
Explanation: This change is necessary to update the
cross-reference to reflect the addition of Section 341.03571,
Health and Safety Code.
Canales
______________________________
Speaker of the House
I certify that H.R. No. 2759 was adopted by the House on May
25, 2013, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House