{"data":{"id":"us-tx/tex.-health-and-safety-code-341.0359","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 341.0359","heading":"FIRE HYDRANT FLOW STANDARDS.","body":"(a) In this section:\n(1) \"Municipal utility\" means a retail public utility, as defined by Section 13.002, Water Code, that is owned by a municipality.\n(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.\n(3) \"Utility\" includes a \"public utility\" and \"water supply or sewer service corporation\" as defined by Section 13.002, Water Code.\n(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.\n(c) The commission by rule shall establish standards for adoption by a municipality under Subsection (b). The standards:\n(1) in addition to a utility's maximum daily demand, must provide, for purposes of emergency fire suppression, for:\n(A) a minimum sufficient water flow of at least 250 gallons per minute for at least two hours; and\n(B) a minimum sufficient water pressure of at least 20 pounds per square inch;\n(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;\n(3) must be based on the density of connections, service demands, and other relevant factors;\n(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\n(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).\n(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.\n(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:\n(1) the necessary testing of fire hydrants; and\n(2) other relevant issues pertaining to the use of the water and maintenance of the fire hydrants to ensure compliance with this section.\n(f) A municipality may notify the commission of a utility's failure to comply with a standard adopted under Subsection (b).\n(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.\n(h) Notwithstanding any provision of Chapter 101, 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, Chapter 271, 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.\nAdded by Acts 2013, 83rd Leg., R.S., Ch. 332 (H.B. 1973), Sec. 1, eff. September 1, 2013.","path":["HEALTH AND SAFETY CODE","TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY","SUBTITLE A. SANITATION","CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES","SUBCHAPTER C. SANITARY STANDARDS OF DRINKING WATER; PROTECTION OF PUBLIC WATER SUPPLIES AND BODIES OF WATER"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.341.htm#341.0359","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"68aeae47ebb8425a498dfdf962658e16cdaa0b31337ad51964400e698d17e54e","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-341.03585","next":"us-tx/tex.-health-and-safety-code-341.036"},"notice":"GroundRules: Original legal text. Not legal advice."}