By Averitt H.B. No. 3476 76R8892 T 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. Chapter 113, Natural Resources Code, is amended 1-6 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 the Texas Education Code, 1-19 Chapter 39, Subchapter D, 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 ten 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 Railroad Commission shall 2-25 assist a school in certifying a school district employee to conduct 2-26 the necessary leak test. 2-27 (i) The Railroad Commission may adopt rules necessary to 3-1 administer and enforce this section. 3-2 (j) The Railroad Commission shall enforce this section, and 3-3 is given jurisdiction over schools for the purpose of ensuring 3-4 compliance with the requirements of this section. 3-5 SECTION 2. Notwithstanding Sec. 113.054, Natural Resources 3-6 Code, as added by this Act, if a school is not able, before the 3-7 beginning of the 2000-2001 school year, to conduct the leak tests 3-8 as required by that section, the school shall conduct the tests as 3-9 soon as practicable thereafter. In that case, a supplier, as 3-10 defined by Sec. 113.054, Natural Resources Code, as added by this 3-11 Act, may not terminate service to a school facility if: 3-12 (1) the school gives written notice to the supplier 3-13 before the beginning of the 2000-2001 school year that the school 3-14 is not able to perform the tests before the beginning of the school 3-15 year; or 3-16 (2) the Railroad Commission orders the supplier not to 3-17 terminate the service. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended, 3-23 and that this Act take effect and be in force from and after its 3-24 passage, and it is so enacted.