81R5112 JE-D

By: Corte H.B. No. 1015

A BILL TO BE ENTITLED

AN ACT

relating to requiring certain service stations to be capable of operating with alternative electrical power and to have an alternative electrical generator; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is amended by adding Chapter 106 to read as follows:

CHAPTER 106. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN

SERVICE STATIONS

Sec. 106.001. DEFINITIONS. In this chapter:

(1) "Alternative electrical generator" means an electrical generator that provides electric power when electric power from a utility service is interrupted.

(2) "Department" means the Texas Department of Agriculture.

(3) "Service station" has the meaning assigned by Section 105.001.

Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a self-service, full-service, or combination of self-service and full-service service station that:

(1) is located within 100 miles of the Gulf of Mexico or of a bay or inlet of the gulf; and

(2) has seven or more fueling positions.

(b) This chapter applies to a service station described by Subsection (a) regardless of whether the service station is located on the grounds of, or is owned by, another business entity that does not engage in the business of selling motor vehicle fuel to the public.

(c) This chapter does not apply to:

(1) an automobile dealer;

(2) a person who operates a fleet of motor vehicles; or

(3) a person who sells motor vehicle fuel exclusively to a fleet of motor vehicles.

Sec. 106.003. ALTERNATIVE ELECTRICAL POWER CAPACITY FOR SERVICE STATIONS. (a) A service station shall be prewired with an appropriate transfer switch and be capable of operating all fuel pumps, dispensing equipment, and life-safety systems using an alternative electrical generator.

(b) Installation of appropriate wiring and transfer switches must be performed by an electrical contractor.

(c) If a local government requires a certificate of occupancy for completion of construction of a service station, the local government may not issue a certificate of occupancy to the service station unless the local government determines that the service station has the equipment and operational capabilities required by Subsection (a).

Sec. 106.004. ALTERNATIVE ELECTRICAL GENERATOR REQUIRED. A service station shall be equipped with at least one alternative electrical generator for use at the station and be capable of operating all fuel pumps, dispensing equipment, and life-safety systems using an alternative electrical generator for a minimum of 72 hours.

Sec. 106.005. REQUIRED DOCUMENTS FOR SERVICE STATIONS. (a) A service station must keep a copy of the documentation of the installation of appropriate wiring for the operation of an alternative electrical generator, including a transfer switch, on-site or at its corporate headquarters.

(b) A service station must keep a written statement attesting to the periodic testing and ensured operational capacity of the equipment.

(c) The documents required by this section must be made available, on request, to the department.

Sec. 106.006. ADMINISTRATION; RULES. The department shall:

(1) administer and enforce the provisions of this chapter; and

(2) adopt rules as necessary for the administration and enforcement of this chapter.

Sec. 106.007. PENALTY. A person who violates this chapter commits an offense. An offense under this section is a Class C misdemeanor.

SECTION 2. A newly constructed service station that begins operating on or after the effective date of this Act shall comply with Chapter 106, Business & Commerce Code, as added by this Act, beginning on the first day of operation. A service station operating before the effective date of this Act shall comply with Chapter 106, Business & Commerce Code, as added by this Act, beginning on the later of June 1, 2010, or the first day of operation after replacing a fuel pump.

SECTION 3. This Act takes effect June 1, 2010.