By: Madla S.B. No. 1187
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of above ground storage tanks containing
1-2 flammable liquids.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 753.001, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 753.001. DEFINITIONS. In this chapter and in the rules
1-7 adopted under this chapter:
1-8 (1) "Board" means the State Board of Insurance.
1-9 (2) "Bulk plant" or "Terminal" means that portion of a
1-10 property where liquids are received by tank vessel, pipelines, tank
1-11 car, or tank vehicle and are stored or blended in bulk for the
1-12 purpose of distributing such liquids by tank vessel, pipeline, tank
1-13 car, tank vehicle, portable tank, or container <operated in
1-14 conjunction with a retail service station where flammable liquids
1-15 are received by tank car, or tank vehicle and are stored or blended
1-16 in bulk for distribution by tank car, tank vehicle, or container>.
1-17 (3) "Flammable liquid" means a liquid having a flash
1-18 point below 140 degrees Fahrenheit and having a vapor pressure of
1-19 not more than 40 pounds per square inch (absolute) at 100 degrees
1-20 Fahrenheit. The term does not include a liquefied petroleum gas.
1-21 (4) "Mobile service unit" means a vehicle, tank truck,
1-22 or other mobile device from which a flammable liquid used as motor
1-23 fuel may be dispensed as an act of retail sale into the fuel tank
2-1 of a motor vehicle parked on an off-street parking facility.
2-2 (5) "Person" means an individual, firm, association,
2-3 corporation, or other private entity.
2-4 (6) "Retail service station" means that portion of a
2-5 property where a flammable liquid used as motor fuel is stored and
2-6 dispensed as an act of retail sale from fixed equipment into the
2-7 fuel tank of a motor vehicle. <The term does not include a marina.>
2-8 (7) "Service Station" means (a) portion of a property
2-9 where liquids used as motor fuels are stored and dispensed from
2-10 fixed equipment into the fuel tanks of motor vehicles and shall
2-11 include any facilities available for the sale and service of tires,
2-12 batteries, and accessories and for minor automotive maintenance
2-13 work. Major automotive repairs, painting, and body fender work are
2-14 excluded; and
2-15 (b) that portion of a property where liquids used as fuels
2-16 are stored and dispensed from fixed equipment on shore, piers,
2-17 wharves, or floating docks into the fuel tanks of self-propelled
2-18 craft, including all facilities used in connection therewith; and
2-19 (c) a service station located within the perimeter of a
2-20 building or building structure that also contains other
2-21 occupancies. The service station may be enclosed or partially
2-22 enclosed by the building walls, floors, ceilings, or partitions or
2-23 may be open to the outside. The service station dispensing area
2-24 shall mean that area of the service station required for dispensing
2-25 of fuels to motor vehicles. Dispensing of fuel at manufacturing,
3-1 assembly, and testing operations is not included within this
3-2 definition.
3-3 (8) "Storage Tank" means any vessel having a liquid
3-4 capacity exceeding 60 gal (227 L) and intended for fixed
3-5 installation.
3-6 SECTION 2. Section 753.003, Health and Safety Code, is
3-7 amended to read as follows:
3-8 Sec. 753.003. FLAMMABLE LIQUID AT <RETAIL> SERVICE STATIONS
3-9 AND IN ABOVE GROUND STORAGE TANKS. (a) The board shall administer
3-10 this chapter through the state fire marshal and shall adopt rules
3-11 for the safe storage, handling, and use of flammable liquids at
3-12 <retail> service stations and in above ground storage tanks.
3-13 (b) The rules must substantially conform to the most recent
3-14 published standards of the National Fire Protection Association,
3-15 including standards in effect on or after August 1, 1989, for the
3-16 storage, handling, and use of flammable liquids at <retail> service
3-17 stations and in above ground storage tanks.
3-18 (c) In adopting rules, the board may use recognized
3-19 standards, including:
3-20 (1) standards recognized by the federal government;
3-21 (2) standards published by a nationally recognized
3-22 standards-making organization; and
3-23 (3) specifications and instructions of manufacturers.
3-24 (d) This chapter or a rule adopted under this chapter does
3-25 not prohibit or permit the prohibition of an unattended
4-1 self-service gasoline station operation.
4-2 SECTION 3. Section 753.004, Health and Safety Code, is
4-3 amended to read as follows:
4-4 Sec. 753.004. Storage Tanks. (a) Except as provided by
4-5 Subsection (d), flammable liquids may not be stored at a retail
4-6 service station in a tank that has a gross capacity of more than 60
4-7 gallons above the surface of the ground. The individual or
4-8 combined capacity or size of an underground flammable liquid tank
4-9 at a retail service station may not be limited.
4-10 (b) A retail service station may operate in conjunction with
4-11 a bulk plant or terminal that has aboveground storage tanks if:
4-12 (1) there are separate underground tanks having a
4-13 capacity of not less than 550 gallons each for final storage and
4-14 dispensing of flammable liquids into motor vehicle fuel tanks; and
4-15 (2) any piping that connects the bulk plant or
4-16 terminal storage tanks with the retail service station's
4-17 underground tanks is equipped with a valve that is within the
4-18 control of the retail service station operator and that is kept
4-19 closed and locked when the underground tanks are not being filled.
4-20 (c) Each aboveground tank at a bulk plant or terminal that
4-21 is operated in conjunction with a retail service station that is on
4-22 the same or contiguous property must be equipped with emergency
4-23 vents of the types and capacities prescribed by standards adopted
4-24 under Section 753.003.
4-25 (d) Gasoline, diesel fuel, or kerosene may be stored in an
5-1 aboveground storage tank with a capacity of not more than 4,000
5-2 gallons at a retail service station located in an unincorporated
5-3 area or in a municipality with a population of less than 5,000.
5-4 (e) Under Subsection (d), a retail service station may have
5-5 a tank not exceeding the specified capacity for each separate grade
5-6 of gasoline, diesel fuel, or kerosene, but may have more than one
5-7 tank of that capacity for the same grade.
5-8 (f) A new aboveground storage tank may not be constructed
5-9 within:
5-10 (1) 15 feet of an adjoining property line, including
5-11 the full width of the right-of-way of a public road that runs
5-12 between the property on which the proposed tank site is located and
5-13 an adjoining property;
5-14 (2) 15 feet of the right-of-way line of a public road
5-15 that is nearest to the proposed tank site;
5-16 (3) five feet of an established place of business or
5-17 other building designated by board rule;
5-18 (4) 100 feet of an established school, hospital,
5-19 nursing home, day-care center, preschool, or nursery school; or
5-20 (5) 15 feet of any fuel dispenser.
5-21 (g) In adopting rules under Section 753.003, the board shall
5-22 include rules concerning the design, construction, and installation
5-23 of tanks permitted to be used under Subsection (d). Except as
5-24 provided by Subsection (f), the rules may not be more stringent
5-25 than the standards of the National Fire Protection Association.
6-1 (h) The authority of a retail service station to store
6-2 flammable liquids in an aboveground storage tank under Subsection
6-3 (d) is not affected by a change in the boundaries or population of
6-4 a municipality ordinance. A municipal ordinance prohibiting the
6-5 use of aboveground storage tanks may not take effect before the
6-6 second anniversary of the date on which the ordinance was adopted.
6-7 SECTION 4. This Act takes effect September 1, 1993.
6-8 SECTION 5. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.