By: Brown S.B. No. 948
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the testing of liquefied petroleum gas piping systems
1-3 in 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 IN SCHOOL FACILITIES
1-8 Sec. 113.321. DEFINITIONS. In this subchapter:
1-9 (1) The term "supplier" means an individual or company
1-10 that sells and delivers LP-gas to a school district facility. If
1-11 more than one individual or company sells and delivers LP-gas to a
1-12 facility of a school district, each individual or company is a
1-13 supplier for purposes of this subchapter; and
1-14 (2) The term "school district" means:
1-15 (A) an entity created in accordance with the
1-16 laws of the State of Texas and accredited by the Texas Education
1-17 Agency pursuant to the Subchapter D, Chapter 39, Education Code;
1-18 (B) non-public schools, not including home
1-19 schools, accredited by the Texas Education Agency pursuant to
1-20 Subchapter C, Chapter 132, Education Code; and
1-21 (C) special education schools identified by the
1-22 Texas Education Agency under Chapter 29, Education Code.
1-23 Sec. 113.322. REQUIREMENT TO PERFORM TEST. (a) Each school
2-1 district shall perform biennial pressure tests on the LP-gas piping
2-2 system in each school district facility. The school district shall
2-3 perform the tests before the beginning of the school year.
2-4 (b) The school district may perform the tests on a two-year
2-5 cycle under which the district pressure tests the LP-gas piping
2-6 system in approximately one-half of the facilities each year.
2-7 (c) If a school district operates one or more school
2-8 district facilities on a year-round calendar, the pressure test in
2-9 each of those facilities must be conducted and reported not later
2-10 than July 1 of the year in which the pressure test is performed.
2-11 (d) A test performed under a municipal code satisfies the
2-12 pressure testing requirements prescribed by this section.
2-13 Sec. 113.323 TEST PROCEDURES. (a) The person responsible
2-14 for a school facility shall perform the test for leakage to
2-15 determine whether the LP-gas system holds at least the amount of
2-16 pressure specified by the National Fire Protection Association 54,
2-17 National Fuel Gas code.
2-18 (b) The test for leakage must be conducted in accordance
2-19 with National Fire Protection Association 54.
2-20 (c) At the request of a school district, the railroad
2-21 commission shall assist the district in developing a procedure for
2-22 conducting the test and certification of the employee to conduct
2-23 the test.
2-24 Sec. 113.324. NOTICE OF TEST. (a) A school district shall
2-25 provide written notice to their Railroad Commission the date and
2-26 the result of each pressure test or other inspection.
3-1 (b) Prior to the introduction of any LP-gas, the school
3-2 district shall provide verification to each supplier that the
3-3 piping has been testing in accordance with this subchapter.
3-4 (c) The Commission shall maintain a copy of the notice until
3-5 at least the first anniversary of the date on which the supplier
3-6 received the notice.
3-7 Sec. 113.325. TERMINATION OF SERVICE. A supplier shall
3-8 terminate service to a school district facility if:
3-9 (1) the supplier receives official notification from
3-10 the firm or individual conducting the test of a hazardous LP-gas
3-11 leakage in the facility piping system; or
3-12 (2) the district fails to perform a test or other
3-13 inspection at the facility as required by this subchapter.
3-14 Sec. 113.325. REPORT TO BOARD OF TRUSTEES. An identified
3-15 LP-gas leakage in a school district facility must be reported to
3-16 the board of trustees of the district in which the facility is
3-17 located.
3-18 Sec. 113.326. ENFORCEMENT. The railroad commission shall
3-19 enforce this subchapter.
3-20 SECTION 2. (a) Except as provided by Subsection (b) of this
3-21 section, Subchapter L, Chapter 113, Natural Resources Code, as
3-22 added by this Act, applies beginning with the 2001-2002 school
3-23 year, and each person responsible for a school facility that uses
3-24 LP-gas shall perform a leak test as required by that subchapter.
3-25 (b) If a school district is not able, before the beginning
3-26 of the 2001-2002 school year, to perform the leak test or other
4-1 inspections of LP-gas piping system pressure as required by that
4-2 article, the district shall perform the tests or other inspections
4-3 as soon as practicable thereafter. In that case, a supplier, as
4-4 defined by Sec. 113.321(1), Natural Resources Code, as added by
4-5 this Act, may not terminate service to a school district facility
4-6 if:
4-7 (1) the district gives written notice to the supplier
4-8 before the beginning of the 2001-2002 school year that the district
4-9 is not able to perform the tests or other inspections before the
4-10 beginning of the school year; or
4-11 (2) the Railroad Commission of Texas orders the
4-12 supplier not to terminate the service.
4-13 SECTION 3. This Act takes effect immediately if it receives
4-14 a vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.