By Lewis of Orange                                    H.B. No. 3219
         77R7231 QS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to testing liquefied petroleum gas systems in certain
 1-3     school 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 Subchapter L to read as follows:
 1-7                  SUBCHAPTER L.  TESTING OF LP GAS SYSTEMS
 1-8                            IN SCHOOL FACILITIES
 1-9           Sec. 113.351.  DEFINITIONS. In this subchapter:
1-10                 (1)  "School district" means:
1-11                       (A)  an entity created under the laws of this
1-12     state and accredited by the Texas Education Agency under Subchapter
1-13     D, Chapter 39, Education Code; or
1-14                       (B)  a private school, other than home school,
1-15     approved by the Texas Education Agency under Section 132.056,
1-16     Education Code.
1-17                 (2)  "Supplier" means an individual or company that
1-18     sells and delivers liquefied petroleum (LP) gas to a school
1-19     district facility.  If more than one individual or company sells
1-20     and delivers LP gas to a facility of a school district, each
1-21     individual or company is a supplier for purposes of this
1-22     subchapter.
1-23           Sec. 113.352.  DUTY TO TEST FOR LEAKAGE.  (a)  Each school
1-24     district shall perform pressure tests for leakage on the LP gas
 2-1     piping system in each school district facility at least biennially.
 2-2     The tests must be performed before the beginning of the school
 2-3     year.
 2-4           (b)  The school district may perform the pressure tests on a
 2-5     two-year cycle under which the tests are performed for the LP gas
 2-6     piping systems of approximately one-half of the facilities each
 2-7     year.
 2-8           (c)  If a school district operates one or more school
 2-9     district facilities on a year-round calendar, the pressure test in
2-10     each of those facilities must be conducted and reported not later
2-11     than July 1 of the year in which the test is performed.
2-12           (d)  A test performed under a municipal code satisfies the
2-13     pressure testing requirements prescribed by this section.
2-14           Sec. 113.353.  REQUIREMENTS OF TEST. (a)  The school district
2-15     shall perform the pressure test to determine whether the LP gas
2-16     piping system holds at least the amount of pressure specified by
2-17     the National Fire Protection Association 54, National Fuel Gas
2-18     Code.
2-19           (b)  The pressure test must be conducted in accordance with
2-20     National Fire Protection Association 54.
2-21           (c)  At the request of a school district, the commission
2-22     shall assist the district in providing for the certification of an
2-23     employee of the school district or school, as applicable, to
2-24     conduct the test and in developing a procedure for conducting the
2-25     test.
2-26           Sec. 113.354.  NOTICE OF TEST.  (a)  A school district shall
2-27     provide written notice to the commission specifying the date and
 3-1     the result of each pressure test or other inspection of the LP gas
 3-2     piping system.
 3-3           (b)  Before the introduction of any LP gas into the LP gas
 3-4     piping system, the school district shall provide verification to
 3-5     the district's supplier that the piping has been tested in
 3-6     accordance with this subchapter.
 3-7           (c)  The commission shall maintain a copy of the notice
 3-8     provided under Subsection (a) until at least the first anniversary
 3-9     of the date the commission received the notice.
3-10           Sec. 113.355.  TERMINATION OF SERVICE.  A supplier shall
3-11     terminate service to a school district facility if:
3-12                 (1)  the supplier receives official notification from
3-13     the firm or individual conducting the test of a hazardous leakage
3-14     in the facility LP gas piping system; or
3-15                 (2)  a test at the facility is not performed as
3-16     required by this subchapter.
3-17           Sec. 113.356.  REPORT TO BOARD OF TRUSTEES. An identified LP
3-18     gas leakage in a school district facility shall be reported to the
3-19     board of trustees of the district in which the facility is located.
3-20           Sec. 113.357.  ENFORCEMENT. The  commission shall enforce
3-21     this subchapter.
3-22           SECTION 2.  Subchapter L, Chapter 113, Natural Resources
3-23     Code, as added by this Act, applies beginning with the 2001-2002
3-24     school year, and each school district that uses liquefied petroleum
3-25     gas shall perform pressure tests as required by that subchapter.
3-26           SECTION 3.  This Act takes effect immediately if it receives
3-27     a vote of two-thirds of all the members elected to each house, as
 4-1     provided by Section 39, Article III, Texas Constitution.  If this
 4-2     Act does not receive the vote necessary for immediate effect, this
 4-3     Act takes effect September 1, 2001.