88R27869 LRM-F
By: Swanson, et al. H.B. No. 2496
Substitute the following for H.B. No. 2496:
By: King of Uvalde C.S.H.B. No. 2496
A BILL TO BE ENTITLED
AN ACT
relating to notice provided by certain public water systems
regarding a water service interruption in an area served by a fire
department that provides fire suppression services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.03561 to read as follows:
Sec. 341.03561. NOTICE OF WATER SERVICE INTERRUPTION TO
FIRE DEPARTMENT. (a) In this section:
(1) "Fire department" has the meaning assigned by
Section 795.001.
(2) "Hydrant" has the meaning assigned by Section
341.03571.
(3) "Public safety answering point" has the meaning
assigned by Section 772.001.
(4) "Regulatory authority" has the meaning assigned by
Section 13.002, Water Code, except the term does not include the
governing body of a municipality.
(b) This section applies only to a public water system
located outside the incorporated area of a municipality that is
required by a regulatory authority to install and maintain a
hydrant under Section 341.0358, 341.03585, or 341.0359, including
rules and standards adopted under those sections.
(c) The regulatory authority of a public water system to
which this section applies shall by rule require the public water
system to provide to each fire department providing fire
suppression services in the area where the hydrant is located
notice of a water service interruption that renders the hydrant
temporarily unavailable for use in a fire emergency. The notice
must be provided:
(1) for a planned water service interruption, before
the interruption begins; and
(2) for an unplanned water service interruption of
three hours or more, as soon as practicable but not later than 24
hours from the time the authority is first notified or otherwise
becomes aware of the interruption.
(d) A public water system to which this section applies
shall notify each fire department that is provided notice of a water
service interruption under Subsection (c) notice of the water
service's resumption not later than two hours from the time the
water service is resumed.
(e) For the purposes of this section, a hydrant that is
unavailable for pumping directly from the hydrant is unavailable
for use in a fire emergency.
(f) For purposes of providing the required notice under
Subsections (c) and (d), the regulatory authority of a public water
system may approve the use of:
(1) a dynamic information database described by
Section 418.192, Government Code; and
(2) the public water system's Internet website or a
social media platform, as defined by Section 120.001, Business &
Commerce Code, that allows fire departments to subscribe to or
otherwise receive notices from the website or platform.
(g) The regulatory authority of a public water system may
delegate the system's duty to provide notice under Subsection (c)
or (d) to a public safety answering point that relays information to
fire departments providing fire suppression services in the area
where the affected hydrant is located. A public safety answering
point delegated the duty to provide notice under Subsection (c) or
(d) must provide that notice in accordance with the applicable time
for notice under those subsections.
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, 2023.