By: Campbell S.B. No. 1086
(Isaac)
Substitute the following for S.B. No. 1086: No.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain water and sewage utilities to
ensure public safety in and around certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.0358(a), Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Industrial district" has the meaning assigned by
Section 42.044, Local Government Code, and includes an area that is
designated by the governing body of a municipality as a zoned
industrial area.
(1-a) "Public utility" has the meaning assigned by
Section 13.002, Water Code.
SECTION 2. Section 341.0358(g), Health and Safety Code, is
amended to read as follows:
(g) This section also applies to:
(1) a municipality with a population of more than
36,000 and less than 41,000 located in two counties, one of which is
a county with a population of more than 1.8 million;
(2) a municipality, including any industrial district
within the municipality or its extraterritorial jurisdiction, with
a population of more than 7,000 and less than 30,000 located in a
county with a population of more than 155,000 and less than 180,000;
and
(3) a municipality, including any industrial district
within the municipality or its extraterritorial jurisdiction, with
a population of more than 11,000 and less than 18,000 located in a
county with a population of more than 125,000 and less than 230,000.
SECTION 3. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.03585 to read as follows:
Sec. 341.03585. FIRE HYDRANT FLOW AND PRESSURE STANDARDS IN
CERTAIN MUNICIPALITIES. (a) In this section:
(1) "Industrial district" has the meaning assigned by
Section 42.044, Local Government Code, and includes an area that is
designated by the governing body of a municipality as a zoned
industrial area.
(2) "Municipal utility" means a retail public utility,
as defined by Section 13.002, Water Code, that is owned by a
municipality.
(3) "Residential area" has the meaning assigned by
Section 341.0358.
(4) "Utility" includes a "public utility" and "water
supply or sewer service corporation" as defined by Section 13.002,
Water Code.
(b) This section applies only to:
(1) a municipality, including any industrial district
within the municipality or its extraterritorial jurisdiction, with
a population of more than 7,000 and less than 30,000 located in a
county with a population of more than 155,000 and less than 180,000;
and
(2) a municipality, including any industrial district
within the municipality or its extraterritorial jurisdiction, with
a population of more than 11,000 and less than 18,000 located in a
county with a population of more than 125,000 and less than 230,000.
(c) The governing body of a municipality by ordinance shall
adopt standards requiring a utility to maintain a sufficient water
flow and pressure to fire hydrants in a residential area or an
industrial district located in the municipality or the
municipality's extraterritorial jurisdiction. The standards:
(1) in addition to a utility's maximum daily demand,
must provide, for purposes of emergency fire suppression, for:
(A) a sufficient water flow not in excess of 250
gallons per minute for at least two hours; and
(B) a sufficient water pressure not in excess of
20 pounds per square inch;
(2) must require a utility to maintain at least the
sufficient water flow and pressure described by Subdivision (1) in
fire hydrants in a residential area or an industrial district
located within the municipality or the municipality's
extraterritorial jurisdiction; and
(3) notwithstanding Subdivisions (1) and (2), if the
municipality owns a municipal utility, may not require another
utility located in the municipality or the municipality's
extraterritorial jurisdiction to provide water flow and pressure in
a fire hydrant greater than that provided by the municipal utility.
(d) Except as provided by this subsection, an ordinance
under Subsection (c) may not require a utility to build, retrofit,
or improve fire hydrants and related infrastructure in existence at
the time the ordinance is adopted. An ordinance under Subsection
(c) may apply to a utility's fire hydrants and related
infrastructure that the utility:
(1) installs after the effective date of the
ordinance; or
(2) acquires after the effective date of the ordinance
if the hydrants and infrastructure comply with the standards
adopted by the ordinance at the time the hydrants and
infrastructure are acquired.
(e) After adoption of an ordinance under Subsection (c), the
municipality shall encourage any responsible emergency services
district, as described by Chapter 775, to enter into a written
memorandum of understanding with the utility to provide for:
(1) the necessary testing of fire hydrants; and
(2) other relevant issues pertaining to the use of the
water and maintenance of the fire hydrants to ensure compliance
with this section.
(f) After adoption of an ordinance under Subsection (c), the
utility shall paint all fire hydrants in accordance with the
ordinance or a memorandum of understanding under Subsection (e)
that are located in a residential area or an industrial district
within the municipality or the municipality's extraterritorial
jurisdiction.
(g) Notwithstanding any provision of Chapter 101, Civil
Practice and Remedies Code, to the contrary, a utility is not liable
for a hydrant's or metal flush valve's inability to provide adequate
water supply in a fire emergency. This subsection does not waive a
municipality's immunity under Subchapter I, Chapter 271, Local
Government Code, or any other law and does not create any liability
on the part of a municipality or utility under a joint enterprise
theory of liability.
SECTION 4. This Act takes effect September 1, 2013.