73R10609 MI-F
By Conley, Delco H.B. No. 442
Substitute the following for H.B. No. 442:
By Eckels C.S.H.B. No. 442
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on the location of facilities that store
1-3 bulk fuel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 753, Health and Safety Code, is amended
1-6 by adding Section 753.0041 to read as follows:
1-7 Sec. 753.0041. RESTRICTION ON LOCATION OF BULK FUEL STORAGE
1-8 FACILITY. (a) A person may not construct a new bulk fuel storage
1-9 facility within 1,320 feet of a structure that is a residence,
1-10 school, or place of worship.
1-11 (b) The measurement of distance required by Subsection (a)
1-12 shall be made to an established residence, school, or place of
1-13 worship that is in use or held for use when an application for
1-14 approval of construction is filed with a state or local government
1-15 or, if no state or local approval is required, when written notice
1-16 of intent to construct the facility is given to the county judge
1-17 for the county in which the facility is to be located. The
1-18 restrictions imposed by Subsection (a) do not apply to a residence,
1-19 school, or place of worship located on property owned by the owner
1-20 of the new bulk fuel storage facility.
1-21 (c) The measurement of distance required by Subsection (a)
1-22 shall be taken from a point on a perimeter around the proposed bulk
1-23 fuel storage facility nearest to the residence, school, or place of
1-24 worship. The perimeter shall be 100 feet from the nearest edge of
2-1 the unit used to store bulk fuel in the proposed bulk fuel storage
2-2 facility.
2-3 (d) For the subsequent areal or capacity expansion of a bulk
2-4 fuel storage facility that was required to comply with Subsection
2-5 (a), distances shall be measured from a residence, school, or place
2-6 of worship only if the structure was in place at the time the
2-7 distance was measured for the original bulk fuel storage facility.
2-8 (e) A court having jurisdiction to issue injunctions may
2-9 enjoin the violation or threatened violation of this section.
2-10 Venue is in the county in which the facility is or will be located.
2-11 The county attorney or other attorney representing the county may
2-12 initiate the action.
2-13 (f) For purposes of this section, "bulk fuel storage
2-14 facility" means all land, including structures, appurtenances, and
2-15 other improvements on the land, where gasoline, diesel fuel,
2-16 aviation fuel, or kerosene are stored or blended in bulk for
2-17 distribution by tank car, tank vehicle, container, or pipeline with
2-18 a total storage capacity of 40,000 gallons or more and includes all
2-19 land appurtenant to the facility.
2-20 (g) This section does not apply in a county with a
2-21 population of 125,000 or less.
2-22 SECTION 2. Subchapter Z, Chapter 240, Local Government Code,
2-23 is amended by adding Section 240.906 to read as follows:
2-24 Sec. 240.906. LAND USE REGULATION FOR CERTAIN STORAGE
2-25 FACILITIES. (a) The commissioners court of a county in which a
2-26 new bulk fuel storage facility regulated under Chapter 753, Health
2-27 and Safety Code, is located or is to be constructed may adopt and
3-1 enforce rules that prohibit the future construction of a residence,
3-2 school, or place of worship within 1,320 feet of the bulk fuel
3-3 storage facility, as measured under Section 753.0041, Health and
3-4 Safety Code.
3-5 (b) If the commissioners court adopts a prohibition
3-6 authorized by this section, a person injured by air or water
3-7 pollution caused by a facility described by Subsection (a) may sue
3-8 a person who constructed a residence, school, or place of worship
3-9 in violation of the rule if the injury occurred in or on the
3-10 grounds that surround a structure that is:
3-11 (1) within 1,320 feet of the new bulk fuel storage
3-12 facility;
3-13 (2) used for residential, school, or worship purposes;
3-14 and
3-15 (3) constructed after the initial construction of the
3-16 new bulk fuel storage facility.
3-17 (c) For purposes of this section, a person constructs:
3-18 (1) a residence, if the person builds the residence
3-19 for resale by the person or for residential occupancy by the
3-20 person;
3-21 (2) a school, if the person is the school district
3-22 that builds the school; or
3-23 (3) a place of worship, if the person is the religious
3-24 organization that builds the place of worship.
3-25 (d) This section does not apply in a county with a
3-26 population of 125,000 or less.
3-27 SECTION 3. This Act takes effect September 1, 1993, and
4-1 applies only to a new bulk fuel storage facility on which
4-2 construction is begun on or after that date. This Act does not
4-3 apply to the areal or capacity expansion of a hazardous substance
4-4 or bulk fuel storage facility constructed before September 1, 1993.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.