By: Hinojosa S.R. No. 1059
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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 matters:
(1) Senate Rules 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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: The change is necessary to update the
cross-reference to reflect the addition of Section 341.03571,
Health and Safety Code.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 25, 2013, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate