By McClendon                                     H.B. No. 645

      75R4229 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, 1997, 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.