By Brown                                              S.B. No. 1296
         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.