Tex.
Health & Safety Code Section 341.0359
Fire Hydrant Flow Standards
(a)
In this section:(1)
“Municipal utility” means a retail public utility, as defined by Section 13.002 (Definitions), Water Code, that is owned by a municipality.(2)
“Residential area” means an area used principally for private residences that is improved with at least 100 single-family homes and has an average density of one home per half acre.(3)
“Utility” includes a “public utility” and “water supply or sewer service corporation” as defined by Section 13.002 (Definitions), Water Code.(b)
The governing body of a municipality by ordinance may adopt standards set by the commission under Subsection (c) requiring a utility to maintain a minimum sufficient water flow and pressure to fire hydrants in a residential area located in the municipality or the municipality’s extraterritorial jurisdiction.(c)
The commission by rule shall establish standards for adoption by a municipality under Subsection (b). The standards:(1)
in addition to a utility’s maximum daily demand, must provide, for purposes of emergency fire suppression, for:(A)
a minimum sufficient water flow of at least 250 gallons per minute for at least two hours; and(B)
a minimum sufficient water pressure of at least 20 pounds per square inch;(2)
must require a utility to maintain at least the minimum sufficient water flow and pressure described by Subdivision (1) in fire hydrants in a residential area located within the municipality or the municipality’s extraterritorial jurisdiction;(3)
must be based on the density of connections, service demands, and other relevant factors;(4)
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 as determined by the commission; and(5)
if the municipality does not own a municipal utility, may not require a utility located in the municipality or the municipality’s extraterritorial jurisdiction to provide a minimum sufficient water flow and pressure greater than the standard established under Subdivision (1).(d)
An ordinance under Subsection (b) may not require a utility to build, retrofit, or improve infrastructure in existence at the time the ordinance is adopted.(e)
A municipality with a population of less than 1.9 million that adopts standards under Subsection (b) or that seeks to use a utility’s water for fire suppression shall 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)
A municipality may notify the commission of a utility’s failure to comply with a standard adopted under Subsection (b).(g)
On receiving the notice described by Subsection (f), the commission shall require a utility in violation of a standard adopted under this section to comply within a reasonable time established by the commission. The commission may approve infrastructure improvements and make corresponding changes to the tariff or rate schedule of a utility that is a public utility as needed to permit compliance with this section.(h)
Notwithstanding any provision of Chapter 101 (Tort Claims), 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 (Definitions), Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments), Local Government Code, or any other law and does not create any liability on the part of a municipality under a joint enterprise theory of liability.
Source:
Section 341.0359 — Fire Hydrant Flow Standards, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.341.htm#341.0359 (accessed Jun. 5, 2024).
