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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain service stations to be capable of |
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operating with alternate generated power. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 106 to read as follows: |
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CHAPTER 106. ALTERNATE POWER REQUIREMENTS FOR CERTAIN SERVICE |
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STATIONS |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Alternate power generator" means a generator that |
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is capable of providing electric power when electric utility |
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service is interrupted. |
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(2) "Service station" has the meaning assigned by |
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Section 105.001. |
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Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to a self-service, full-service, or combination of |
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self-service and full-service service station that: |
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(1) has six or more fueling positions; and |
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(2) is located in a county with a population of at |
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least three million. |
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(b) This chapter applies to a service station described by |
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Subsection (a) regardless of whether the service station is located |
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on the grounds of, or is owned by, another business entity that does |
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not engage in the business of selling motor vehicle fuel to the |
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public. |
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(c) This chapter does not apply to: |
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(1) a person who operates a fleet of motor vehicles; or |
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(2) a person who sells motor vehicle fuel exclusively |
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to a fleet of motor vehicles. |
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Sec. 106.003. ALTERNATE GENERATED POWER CAPACITY FOR |
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SERVICE STATIONS. A service station shall be equipped with an |
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alternate power generator and be capable of operating all fuel |
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pumps, dispensing equipment, life-safety systems, and |
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payment-acceptance equipment using an alternate power generator |
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for a minimum of 72 hours. |
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Sec. 106.004. REQUIRED DOCUMENTS. (a) A service station |
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must keep a copy of the documentation of the installation of |
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appropriate wiring for the operation of an alternate power |
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generator, including a transfer switch, on site or at its corporate |
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headquarters. |
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(b) A service station must keep a written statement |
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attesting to the periodic testing and ensured operational capacity |
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of the equipment. |
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(c) The documents required by this section must be made |
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available, on request, to the governor's division of emergency |
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management or the Department of Agriculture. |
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SECTION 2. A newly constructed service station that begins |
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operating on or after the effective date of this Act shall comply |
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with Chapter 106, Business & Commerce Code, as added by this Act, |
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beginning on the first day of operation. A service station that |
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begins operating before the effective date of this Act shall comply |
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with Chapter 106, Business & Commerce Code, as added by this Act, |
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not later than January 1, 2011. |
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SECTION 3. This Act takes effect January 1, 2009. |