By Dukes H.B. No. 1839 75R399 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 bulk fuel. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 753, Health and Safety Code, is amended 1-6 by adding Section 753.0041 to read as follows: 1-7 Sec. 753.0041. RESTRICTION ON LOCATION OF BULK FUEL STORAGE 1-8 FACILITY. (a) A person may not construct a new bulk fuel storage 1-9 facility within 1,320 feet of a structure that is a residence, 1-10 school, or place of worship. 1-11 (b) The measurement of distance required by Subsection (a) 1-12 shall be made to an established residence, school, or place of 1-13 worship that is in use or held for use when an application for 1-14 approval of construction is filed with a state or local government 1-15 or, if no state or local approval is required, when written notice 1-16 of intent to construct the facility is given to the county judge 1-17 for the county in which the facility is to be located. The 1-18 restrictions imposed by Subsection (a) do not apply to a residence, 1-19 school, or place of worship located on property owned by the owner 1-20 of the new bulk fuel storage facility. 1-21 (c) The measurement of distance required by Subsection (a) 1-22 shall be taken from a point on a perimeter around the proposed bulk 1-23 fuel storage facility nearest to the residence, school, or place of 1-24 worship. The perimeter shall be 100 feet from the nearest edge of 2-1 the unit used to store bulk fuel in the proposed bulk fuel storage 2-2 facility. 2-3 (d) For the subsequent areal or capacity expansion of a bulk 2-4 fuel storage facility that was required to comply with Subsection 2-5 (a), distances shall be measured from a residence, school, or place 2-6 of worship only if the structure was in place at the time the 2-7 distance was measured for the original bulk fuel storage facility. 2-8 (e) A court having jurisdiction to issue injunctions may 2-9 enjoin the violation or threatened violation of this section. 2-10 Venue is in the county in which the facility is or will be located. 2-11 The county attorney or other attorney representing the county may 2-12 initiate the action. 2-13 (f) For purposes of this section, "bulk fuel storage 2-14 facility" means all land, including structures, appurtenances, and 2-15 other improvements on the land, where gasoline, diesel fuel, 2-16 aviation fuel, or kerosene are stored or blended in bulk for 2-17 distribution by tank car, tank vehicle, container, or pipeline with 2-18 a total storage capacity of 40,000 gallons or more and includes all 2-19 land appurtenant to the facility. 2-20 (g) This section does not apply in a county with a 2-21 population of 125,000 or less. 2-22 SECTION 2. Subchapter Z, Chapter 240, Local Government Code, 2-23 is amended by adding Section 240.906 to read as follows: 2-24 Sec. 240.906. LAND USE REGULATION FOR CERTAIN STORAGE 2-25 FACILITIES. (a) The commissioners court of a county in which a 2-26 new bulk fuel storage facility regulated under Chapter 753, Health 2-27 and Safety Code, is located or is to be constructed may adopt and 3-1 enforce rules that prohibit the future construction of a residence, 3-2 school, or place of worship within 1,320 feet of the bulk fuel 3-3 storage facility, as measured under Section 753.0041, Health and 3-4 Safety Code. 3-5 (b) If the commissioners court adopts a prohibition 3-6 authorized by this section, a person injured by air or water 3-7 pollution caused by a facility described by Subsection (a) may sue 3-8 a person who constructed a residence, school, or place of worship 3-9 in violation of the rule if the injury occurred in or on the 3-10 grounds that surround a structure that is: 3-11 (1) within 1,320 feet of the new bulk fuel storage 3-12 facility; 3-13 (2) used for residential, school, or worship purposes; 3-14 and 3-15 (3) constructed after the initial construction of the 3-16 new bulk fuel storage facility. 3-17 (c) For purposes of this section, a person constructs: 3-18 (1) a residence, if the person builds the residence 3-19 for resale by the person or for residential occupancy by the 3-20 person; 3-21 (2) a school, if the person is the school district 3-22 that builds the school; or 3-23 (3) a place of worship, if the person is the religious 3-24 organization that builds the place of worship. 3-25 (d) This section does not apply in a county with a 3-26 population of 125,000 or less. 3-27 SECTION 3. This Act takes effect September 1, 1997, and 4-1 applies only to a new bulk fuel storage facility on which 4-2 construction is begun on or after that date. This Act does not 4-3 apply to the areal or capacity expansion of a hazardous substance 4-4 or bulk fuel storage facility constructed before September 1, 1997. 4-5 SECTION 4. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended.