Bill Text: TX HB1768 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to identification requirements for certain fire hydrants and flush valves.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB1768 Detail]
Download: Texas-2013-HB1768-Enrolled.html
H.B. No. 1768 |
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relating to identification requirements for certain fire hydrants | ||
and flush valves. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
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. | ||
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. | ||
SECTION 4. 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1768 was passed by the House on April | ||
25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1768 on May 16, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 1768 on May 25, 2013, by the following vote: Yeas 142, | ||
Nays 1, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1768 was passed by the Senate, with | ||
amendments, on May 13, 2013, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
1768 on May 26, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |