By: Callegari (Senate Sponsor - Whitmire)	H.B. No. 2619
	(In the Senate - Received from the House April 26, 2011;
	April 29, 2011, read first time and referred to Committee on
	Business and Commerce; May 18, 2011, reported favorably by the
	following vote:  Yeas 8, Nays 0; May 18, 2011, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to emergency preparedness information about water
	facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 13.1396(b), (c), (d), (e), and (g),
	Water Code, are amended to read as follows:
	(b)  An affected utility shall submit to [the county judge,]
	the office of emergency management of each county in which the
	utility has more than one customer, the Public Utility Commission
	of Texas, and the office of emergency management of the governor[,]
	a copy of:
	(1)  the affected utility's emergency preparedness plan
	approved under Section 13.1395; and
	(2)  the commission's notification to the affected
	utility that the plan is accepted.
	(c)  Each affected utility shall submit to each electric
	utility that provides transmission and distribution service to the
	affected utility, each retail electric provider that sells electric
	power to the affected utility, [the county judge and] the office of
	emergency management of each county in which the utility has water
	and wastewater facilities that qualify for critical load status
	under rules adopted by the Public Utility Commission of Texas, [and
	to] the Public Utility Commission of Texas, and the division of
	emergency management of the governor:
	(1)  information identifying the location and
	providing a general description of all water and wastewater
	facilities that qualify for critical load status; and
	(2)  emergency contact information for the affected
	utility, including:
	(A)  the person who will serve as a point of
	contact and the person's telephone number;
	(B)  the person who will serve as an alternative
	point of contact and the person's telephone number; and
	(C)  the affected utility's mailing address.
	(d)  An affected utility shall:
	(1)  annually submit the information required by
	Subsection (c) to each electric utility that provides transmission
	and distribution service to the affected utility and to each retail
	electric provider that sells electric power to the affected
	utility; and
	(2)  immediately update the information provided under
	Subsection (c) as changes to the information occur.
	(e)  Each [Not later than February 1 of each year, the county
	judge of each county that receives the information required by
	Subsections (c) and (d) shall:
	[(1)     submit the information for each affected utility
	to each retail electric provider that sells electric power to an
	affected utility and each electric utility that provides
	transmission and distribution service to an affected utility; and
	[(2)  in cooperation with the] affected utility shall
	[,] submit annually to each electric utility that provides
	transmission and distribution service to the affected utility and
	to each retail electric provider that sells electric power to the
	affected utility [for each affected utility] any forms reasonably
	required by an electric utility or retail electric provider for
	determining critical load status, including a critical care
	eligibility determination form or similar form.
	(g)  If an electric utility determines that an affected
	utility's facilities do not qualify for critical load status, the
	electric utility and the retail electric provider, not later than
	the 30th day after the date the electric utility or retail electric
	provider receives the information required by Subsections (c) and
	(d), shall provide a detailed explanation of the electric utility's
	determination to the affected utility and the office of emergency
	management of each county in which the affected utility's
	facilities are located [each county judge that submitted the
	information].
	SECTION 2.  Section 13.1396(a)(2), Water Code, is repealed.
	SECTION 3.  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, 2011.
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