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.