By Conley                                              H.B. No. 967
       74R2293 MI-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.  Subchapter C, Chapter 361, Health and Safety
    1-6  Code, is amended by adding Section 361.1025 to read as follows:
    1-7        Sec. 361.1025.  RESTRICTION ON LOCATION OF CERTAIN STORAGE
    1-8  FACILITIES.  (a)  Notwithstanding Section 361.102, a person may not
    1-9  construct, within five miles of a school, place of business, or
   1-10  place of worship in existence at the time construction of the
   1-11  facility begins:
   1-12              (1)  a hazardous waste storage facility; or
   1-13              (2)  a hazardous substance storage facility.
   1-14        (b)  A court having jurisdiction to issue injunctions may
   1-15  prohibit the violation or threatened violation of this section.
   1-16  Venue is in the county in which the facility would be located.  The
   1-17  county attorney or other attorney representing that county or the
   1-18  attorney general may initiate the action.
   1-19        SECTION 2.  Chapter 753, Health and Safety Code, is amended
   1-20  by adding Section 753.0041 to read as follows:
   1-21        Sec. 753.0041.  RESTRICTION ON LOCATION OF BULK FUEL STORAGE
   1-22  FACILITY.  (a)  A person may not construct, within five miles of a
   1-23  school, place of business, or place of worship in existence at the
   1-24  time construction of the facility begins, a bulk fuel storage
    2-1  facility for storing gasoline, diesel fuel, aviation fuel, or
    2-2  kerosene in one or more aboveground storage tanks the total storage
    2-3  capacity of which is 500,000 gallons or more.
    2-4        (b)  A court having jurisdiction to issue injunctions may
    2-5  enjoin the violation or threatened violation of this section.
    2-6  Venue is in the county in which the facility would be located.  The
    2-7  county attorney or other attorney representing that county or the
    2-8  attorney general may initiate the action.
    2-9        SECTION 3.  This Act takes effect September 1, 1995, and
   2-10  applies only to a hazardous waste, hazardous substance, or bulk
   2-11  fuel storage facility on which construction is begun on or after
   2-12  that date.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.