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.