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A BILL TO BE ENTITLED
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AN ACT
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relating to disaster preparedness and emergency management in |
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relation to alternative electrical power for certain service |
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stations in certain populous counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Sections 418.0426 and 418.049 to read as follows: |
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Sec. 418.0426. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a) |
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In this section: |
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(1) "Alternative electrical generator" means an |
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electrical generator that provides electric power when electric |
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power from a utility is interrupted. |
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(2) "Service station" means a gasoline service station |
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or other facility that offers gasoline or other motor vehicle fuel |
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for sale to the public from the facility. |
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(b) This section applies only to a service station that: |
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(1) is located in a county with a population of 3.3 |
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million or more; and |
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(2) has six or more fueling positions. |
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(c) The division shall develop an annex to the state |
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emergency management plan that addresses alternative electrical |
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power for service stations during the first 120 hours immediately |
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following a disaster. The annex must include provisions: |
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(1) for post-disaster assessment of a service |
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station's structural integrity and capability to operate safely; |
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(2) for the dissemination of information between |
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service stations capable of operating during that period and all |
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necessary emergency personnel; and |
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(3) to identify service stations capable of operating |
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fuel pumps, dispensing equipment, life-safety systems, and payment |
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acceptance equipment through the use of alternative electrical |
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power, including alternative electrical generators, within 72 |
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hours of being considered safe to operate under Subdivision (1) by |
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reviewing the emergency preparedness plans submitted under Section |
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418.049. |
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Sec. 418.049. EMERGENCY PREPAREDNESS PLAN FOR CERTAIN |
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SERVICE STATIONS. (a) The division by rule shall require a service |
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station to which Section 418.0426 applies to adopt and submit for |
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the division's approval an emergency preparedness plan ensuring |
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that if electric power from a utility is interrupted, the service |
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station maintains the ability to operate fuel pumps, dispensing |
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equipment, life-safety systems, and payment acceptance equipment |
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within 72 hours of being considered safe to operate under Section |
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418.0426(c)(1). |
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(b) The division shall review and approve or disapprove an |
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emergency preparedness plan submitted under Subsection (a) and |
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issue a notification of approval or a notification of the reasons |
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for disapproval of the plan. An emergency preparedness plan must: |
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(1) demonstrate that the service station: |
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(A) possesses on its premises an alternative |
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electrical generator or any other emergency electrical source and |
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has the capability of operating fuel pumps, dispensing equipment, |
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life-safety systems, and payment acceptance equipment using the |
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emergency electrical source within 72 hours of being considered |
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safe to operate under Section 418.0426(c)(1); or |
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(B) has entered into a contract under which |
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another person will provide the service station an alternative |
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electrical generator or other emergency electrical source when |
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power from a utility is interrupted and the capability to operate |
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fuel pumps, dispensing equipment, life-safety systems, and payment |
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acceptance equipment using the emergency electrical source within |
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72 hours of being considered safe to operate under Section |
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418.0426(c)(1); and |
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(2) if Subdivision (1) applies, include a proposed |
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schedule of the periodic servicing and testing of the emergency |
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electrical source that complies with the division's rules. |
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(c) A service station to which this section applies shall |
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maintain documentation of any periodic servicing and testing of the |
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emergency electrical source required under this section. The |
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documents must be made available, on request, to the division. |
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(d) The division shall adopt rules necessary to implement |
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this section, including prescribing standards relating to the |
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periodic servicing and testing of an alternative electrical |
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generator or other emergency electrical source used to meet the |
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requirements of Subsection (b). |
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(e) Installation of equipment and appropriate wiring, |
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including transfer switches, for an emergency electrical source for |
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purposes of this section must be performed by a licensed electrical |
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contractor in accordance with all local, state, and national safety |
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rules or regulations. |
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(f) In this section, "alternative electrical generator" has |
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the meaning assigned by Section 418.0426. |
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SECTION 2. This Act takes effect January 1, 2010. |