HBA-SEB H.B. 3476 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3476
By: Averitt
Energy Resources
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, public school facilities are required to test natural gas
systems for the proper pressure. During the two years of the implementation
of the natural gas pressure test, approximately 53 percent of school
districts have reported at least one school that has failed the test.  No
such requirement is in place for testing a liquefied petroleum gas system
(LPG system) in a school facility. Approximately 694 school facilities in
239 school districts have installed an LPG system.   

H.B. 3476 requires public and private schools to perform an LPG leak test
in accordance with the specifications of the National Fire Protection
Association.  It places the Railroad Commission of Texas in charge of
enforcing the requirement and sets forth actions required to be taken upon
a school facility's failure of an LPG leak test.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Railroad Commission of Texas in
SECTION 1 (Section 113.054, Natural Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 113, Natural Resources Code, by adding Section
113.054, as follows: 

Sec. 113.054.  TESTING OF LPG SYSTEMS IN SCHOOL FACILITIES.  (a)  Requires
each school to conduct a leak test on the liquefied petroleum gas system
(LPG system) in each school facility at least every two years and before
the beginning of the school year. Authorizes the testing to be performed on
a two-year cycle under which approximately onehalf of the facilities are
tested each year.  Requires a leak test to be conducted and reported by
July 1 of the year in which the test is performed if the school operates
one or more facilities on a year-round calendar.  Defines "school facility"
for the purposes of this section.  

(b)  Requires the leak test to determine whether the LPG system holds at
least the pressure as specified in National Fire Protection Association
(NFPA) 54, National Fuel Case Code. 

(c)  Requires the leak test to be conducted in accordance with NFPA 54.  

(d)  Requires each school, within ten calendar days after completion of a
leak test, to provide written notice to the school's LPG supplier and to
the governing authority of a school facility at which the leak test is
conducted.  Requires the written notice to specify the date and result of
each leak test and, in the event a leak is detected, the corrective action
taken to eliminate the leak.  Requires the school to also provide such
written notice to any other LPG supplier used by the school before delivery
of the LPG.   

(e)  Requires the supplier to maintain a copy of the notice for two years
after the date on which the supplier received the notice. 

(f)  Requires the LPG supplier to terminate service to a school facility if
the supplier receives official notification from the person conducting the
leak test that there is a leak  in the facility piping system or if the
school fails to perform a leask test at the facility.   

(g)  Defines "supplier."

(h)  Requires the Railroad Commission of Texas (commission) to assist a
school in certifying a school district employee to conduct the necessary
leak test if requested by the school. 

(i)  Authorizes the commission to adopt rules necessary to administer and
enforce this section. 

(j)  Requires the commission to enforce this section.  Provides that the
commission is given jurisdiction over schools for the purpose of ensuring
compliance with the requirements of this section. 

SECTION 2.  Requires a school to conduct leak tests as soon as practicable
after the beginning of the 2000-2001 school year if the school is unable to
do so by that time, notwithstanding Section 113.054, Natural Resources
Code.  Prohibits a supplier of LPG from terminating service to a school
facility if the school gives written notice to the supplier before the
beginning of the 2000-2001 school year that the school is not able to
perform the tests before the beginning of the school year or if the
commission orders the supplier not to terminate the service. 

SECTION 3.Emergency clause.
  Effective date: upon passage.