Texas 2013 - 83rd Regular

Texas Senate Bill SB1086 Compare Versions

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1	1	By: Campbell S.B. No. 1086
2	2	(Isaac)
3	3	Substitute the following for S.B. No. 1086: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of certain water and sewage utilities to
9	9	ensure public safety in and around certain municipalities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 341.0358(a), Health and Safety Code, is
12	12	amended by amending Subdivision (1) and adding Subdivision (1-a) to
13	13	read as follows:
14	14	(1) "Industrial district" has the meaning assigned by
15	15	Section 42.044, Local Government Code, and includes an area that is
16	16	designated by the governing body of a municipality as a zoned
17	17	industrial area.
18	18	(1-a) "Public utility" has the meaning assigned by
19	19	Section 13.002, Water Code.
20	20	SECTION 2. Section 341.0358(g), Health and Safety Code, is
21	21	amended to read as follows:
22	22	(g) This section also applies to:
23	23	(1) a municipality with a population of more than
24	24	36,000 and less than 41,000 located in two counties, one of which is
25	25	a county with a population of more than 1.8 million;
26	26	(2) a municipality, including any industrial district
27	27	within the municipality or its extraterritorial jurisdiction, with
28	28	a population of more than 7,000 and less than 30,000 located in a
29	29	county with a population of more than 155,000 and less than 180,000;
30	30	and
31	31	(3) a municipality, including any industrial district
32	32	within the municipality or its extraterritorial jurisdiction, with
33	33	a population of more than 11,000 and less than 18,000 located in a
34	34	county with a population of more than 125,000 and less than 230,000.
35	35	SECTION 3. Subchapter C, Chapter 341, Health and Safety
36	36	Code, is amended by adding Section 341.03585 to read as follows:
37	37	Sec. 341.03585. FIRE HYDRANT FLOW AND PRESSURE STANDARDS IN
38	38	CERTAIN MUNICIPALITIES. (a) In this section:
39	39	(1) "Industrial district" has the meaning assigned by
40	40	Section 42.044, Local Government Code, and includes an area that is
41	41	designated by the governing body of a municipality as a zoned
42	42	industrial area.
43	43	(2) "Municipal utility" means a retail public utility,
44	44	as defined by Section 13.002, Water Code, that is owned by a
45	45	municipality.
46	46	(3) "Residential area" has the meaning assigned by
47	47	Section 341.0358.
48	48	(4) "Utility" includes a "public utility" and "water
49	49	supply or sewer service corporation" as defined by Section 13.002,
50	50	Water Code.
51	51	(b) This section applies only to:
52	52	(1) a municipality, including any industrial district
53	53	within the municipality or its extraterritorial jurisdiction, with
54	54	a population of more than 7,000 and less than 30,000 located in a
55	55	county with a population of more than 155,000 and less than 180,000;
56	56	and
57	57	(2) a municipality, including any industrial district
58	58	within the municipality or its extraterritorial jurisdiction, with
59	59	a population of more than 11,000 and less than 18,000 located in a
60	60	county with a population of more than 125,000 and less than 230,000.
61	61	(c) The governing body of a municipality by ordinance shall
62	62	adopt standards requiring a utility to maintain a sufficient water
63	63	flow and pressure to fire hydrants in a residential area or an
64	64	industrial district located in the municipality or the
65	65	municipality's extraterritorial jurisdiction. The standards:
66	66	(1) in addition to a utility's maximum daily demand,
67	67	must provide, for purposes of emergency fire suppression, for:
68	68	(A) a sufficient water flow not in excess of 250
69	69	gallons per minute for at least two hours; and
70	70	(B) a sufficient water pressure not in excess of
71	71	20 pounds per square inch;
72	72	(2) must require a utility to maintain at least the
73	73	sufficient water flow and pressure described by Subdivision (1) in
74	74	fire hydrants in a residential area or an industrial district
75	75	located within the municipality or the municipality's
76	76	extraterritorial jurisdiction; and
77	77	(3) notwithstanding Subdivisions (1) and (2), if the
78	78	municipality owns a municipal utility, may not require another
79	79	utility located in the municipality or the municipality's
80	80	extraterritorial jurisdiction to provide water flow and pressure in
81	81	a fire hydrant greater than that provided by the municipal utility.
82	82	(d) Except as provided by this subsection, an ordinance
83	83	under Subsection (c) may not require a utility to build, retrofit,
84	84	or improve fire hydrants and related infrastructure in existence at
85	85	the time the ordinance is adopted. An ordinance under Subsection
86	86	(c) may apply to a utility's fire hydrants and related
87	87	infrastructure that the utility:
88	88	(1) installs after the effective date of the
89	89	ordinance; or
90	90	(2) acquires after the effective date of the ordinance
91	91	if the hydrants and infrastructure comply with the standards
92	92	adopted by the ordinance at the time the hydrants and
93	93	infrastructure are acquired.
94	94	(e) After adoption of an ordinance under Subsection (c), the
95	95	municipality shall encourage any responsible emergency services
96	96	district, as described by Chapter 775, to enter into a written
97	97	memorandum of understanding with the utility to provide for:
98	98	(1) the necessary testing of fire hydrants; and
99	99	(2) other relevant issues pertaining to the use of the
100	100	water and maintenance of the fire hydrants to ensure compliance
101	101	with this section.
102	102	(f) After adoption of an ordinance under Subsection (c), the
103	103	utility shall paint all fire hydrants in accordance with the
104	104	ordinance or a memorandum of understanding under Subsection (e)
105	105	that are located in a residential area or an industrial district
106	106	within the municipality or the municipality's extraterritorial
107	107	jurisdiction.
108	108	(g) Notwithstanding any provision of Chapter 101, Civil
109	109	Practice and Remedies Code, to the contrary, a utility is not liable
110	110	for a hydrant's or metal flush valve's inability to provide adequate
111	111	water supply in a fire emergency. This subsection does not waive a
112	112	municipality's immunity under Subchapter I, Chapter 271, Local
113	113	Government Code, or any other law and does not create any liability
114	114	on the part of a municipality or utility under a joint enterprise
115	115	theory of liability.
116	116	SECTION 4. This Act takes effect September 1, 2013.