By: Conley H.B. No. 442 73R1960 JJT-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions on the location of facilities that store 1-3 hazardous wastes, hazardous substances, or bulk fuel. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 5, Health and Safety Code, is 1-6 amended by adding Chapter 373 to read as follows: 1-7 CHAPTER 373. STORAGE FACILITY LOCATION 1-8 Sec. 373.001. RESTRICTION ON LOCATION OF CERTAIN STORAGE 1-9 FACILITIES. (a) Notwithstanding Section 361.102, a person may not 1-10 construct, within five miles of a school, place of business, or 1-11 place of worship in existence at the time construction of the 1-12 facility begins: 1-13 (1) a hazardous waste storage facility; or 1-14 (2) a hazardous substance storage facility. 1-15 (b) A court having jurisdiction to issue injunctions may 1-16 prohibit a violation or threatened violation of this section. 1-17 Venue is in the county in which the facility would be located. The 1-18 county attorney or other attorney representing that county or the 1-19 attorney general may initiate the action. 1-20 (c) In this section, "hazardous substance" and "hazardous 1-21 waste" have the meanings assigned by Section 361.003. 1-22 SECTION 2. Chapter 753, Health and Safety Code, is amended 1-23 by adding Section 753.0041 to read as follows: 1-24 Sec. 753.0041. RESTRICTION ON LOCATION OF BULK FUEL STORAGE 2-1 FACILITY. (a) A person may not construct, within five miles of a 2-2 school, place of business, or place of worship in existence at the 2-3 time construction of the facility begins, a bulk fuel storage 2-4 facility for storing gasoline, diesel fuel, aviation fuel, or 2-5 kerosene in one or more aboveground storage tanks the total storage 2-6 capacity of which is 500,000 gallons or more. 2-7 (b) A court having jurisdiction to issue injunctions may 2-8 enjoin the violation or threatened violation of this section. 2-9 Venue is in the county in which the facility would be located. The 2-10 county attorney or other attorney representing that county or the 2-11 attorney general may initiate the action. 2-12 SECTION 3. This Act takes effect September 1, 1993, and 2-13 applies only to a hazardous waste, hazardous substance, or bulk 2-14 fuel storage facility on which construction is begun on or after 2-15 that date. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.