By Dukes                                               H.B. No. 473
         76R1438 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, 1999, 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.