By Averitt                                            H.B. No. 3476
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the testing of LP-gas piping systems in school
 1-3     facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 113, Natural Resources
 1-6     Code, is amended by adding Section 113.054 to read as follows:
 1-7           Sec. 113.054.  TESTING OF LPG SYSTEMS IN SCHOOL FACILITIES.
 1-8     (a)  At least every two years, before the beginning of the school
 1-9     year, each school shall conduct a leak test on the LPG system in
1-10     each school facility.  The testing may be performed on a two-year
1-11     cycle under which approximately one-half of the facilities are
1-12     leak-tested each year. If a school operates one or more school
1-13     facilities on a year-round calendar, the leak test in each of those
1-14     facilities shall be conducted and reported not later than July 1 of
1-15     the year in which the leak test is performed. For the purposes of
1-16     this section, "school facility" means an entity created in
1-17     accordance with the laws of the State of Texas and accredited by
1-18     the Texas Education Agency pursuant to Subchapter D, Chapter 39,
1-19     Education Code, but does not include home schools.
1-20           (b)  The leak test shall determine whether the LPG system
1-21     holds at least the pressure as specified in National Fire
1-22     Protection Association (NFPA) 54, National Fuel Gas Code.
1-23           (c)  The leak test shall be conducted in accordance with NFPA
1-24     54.
 2-1           (d)  Within 10 calendar days after completion of the leak
 2-2     test, each school shall provide written notice to the school's LPG
 2-3     supplier and to the governing authority of the school facility at
 2-4     which the leak test was conducted. The written notice shall specify
 2-5     the date and result of each leak test and, in the event a leak is
 2-6     detected, the corrective action taken to eliminate the leak. The
 2-7     school shall also provide such written notice to any other LPG
 2-8     supplier used by the school before that supplier delivers LPG to
 2-9     the school.
2-10           (e)  The supplier shall maintain a copy of the notice for two
2-11     years after the date on which the supplier received the notice.
2-12           (f)  A supplier shall terminate service to a school facility
2-13     if:
2-14                 (1)  the supplier receives official notification from
2-15     the person conducting the leak test that there is a leak in the
2-16     facility piping system; or
2-17                 (2)  the school fails to perform a leak test at the
2-18     facility as required by this section.
2-19           (g)  For purposes of this section, "supplier" means the
2-20     person selling and delivering the LPG to a school district
2-21     facility. If more than one person sells and delivers LPG to
2-22     facilities of a school district, each person is a supplier for
2-23     purposes of this section.
2-24           (h)  If requested by a school, the commission shall assist a
2-25     school in certifying a school district employee to conduct the
2-26     necessary leak test.
2-27           (i)  The commission may adopt rules necessary to administer
 3-1     and enforce this section.
 3-2           (j)  The commission shall enforce this section and is given
 3-3     jurisdiction over schools for the purpose of ensuring compliance
 3-4     with the requirements of this section.
 3-5           SECTION 2.  Notwithstanding Section 113.054, Natural
 3-6     Resources Code, as added by this Act, if a school is not able,
 3-7     before the beginning of the 2000-2001 school year, to conduct the
 3-8     leak tests as required by that section, the school shall conduct
 3-9     the tests as soon as practicable thereafter. In that case, a
3-10     supplier, as defined by Section 113.054, Natural Resources Code, as
3-11     added by this Act, may not terminate service to a school facility
3-12     if:
3-13                 (1)  the school gives written notice to the supplier
3-14     before the beginning of the 2000-2001 school year that the school
3-15     is not able to perform the tests before the beginning of the school
3-16     year; or
3-17                 (2)  the Railroad Commission of Texas orders the
3-18     supplier not to terminate the service.
3-19           SECTION 3.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended,
3-24     and that this Act take effect and be in force from and after its
3-25     passage, and it is so enacted.