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.