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A BILL TO BE ENTITLED
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AN ACT
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relating to an emergency power supply for service stations, |
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supermarkets, and pharmacies located in certain areas of the state; |
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providing a civil penalty. |
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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 Chapters 106 and 107 to read as follows: |
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CHAPTER 106. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN |
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SERVICE STATIONS |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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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 service is interrupted. |
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(2) "Area prone to severe weather" means a coastal |
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county or any other county in which a state of disaster has been |
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declared by an executive order or proclamation under Chapter 418, |
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Government Code, issued on or after January 1, 2003, and before June |
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1, 2010. |
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(3) "Service station" has the meaning assigned by |
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Section 105.001. |
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Sec. 106.002. ALTERNATIVE ELECTRICAL GENERATOR REQUIRED. |
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(a) This section applies only to a service station that has six or |
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more fueling positions and is located in an area prone to severe |
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weather. |
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(b) The operator of a service station shall equip the |
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service station with one or more alternative electrical generators |
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as necessary to provide sufficient electrical power to operate all |
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fuel pumps and dispensing equipment at the service station for at |
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least 10 consecutive days of normal business hours. |
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Sec. 106.003. CIVIL PENALTY. (a) A person who violates |
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this chapter is liable to this state for a civil penalty in an |
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amount not to exceed $500 for each violation. |
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(b) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs may bring an action to recover |
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the civil penalty imposed under this section. |
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CHAPTER 107. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN |
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SUPERMARKETS |
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Sec. 107.001. DEFINITIONS. In this chapter: |
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(1) "Alternative electrical generator" has the |
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meaning assigned by Section 106.001. |
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(2) "Area prone to severe weather" means a coastal |
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county or any other county in which a state of disaster has been |
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declared by an executive order or proclamation under Chapter 418, |
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Government Code, issued on or after January 1, 2003, and before June |
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1, 2010. |
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(3) "Supermarket" means a self-service retail market |
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that sells primarily groceries, produce, meat, baked goods, and |
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dairy products. The term does not include a convenience store. |
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Sec. 107.002. ALTERNATIVE ELECTRICAL GENERATOR REQUIRED. |
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(a) This section applies only to a supermarket located in an area |
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prone to severe weather. |
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(b) The operator of a supermarket shall equip the |
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supermarket with one or more alternative electrical generators as |
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necessary to provide sufficient electrical power to operate all |
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life-safety systems, food refrigeration equipment, and any other |
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equipment necessary to do business with the public for at least 10 |
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consecutive days of normal business hours. |
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Sec. 107.003. CIVIL PENALTY. (a) A person who violates |
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this chapter is liable to this state for a civil penalty in an |
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amount not to exceed $500 for each violation. |
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(b) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs may bring an action to recover |
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the civil penalty imposed under this section. |
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SECTION 2. Subchapter C, Chapter 562, Occupations Code, is |
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amended by adding Section 562.113 to read as follows: |
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Sec. 562.113. EMERGENCY GENERATOR REQUIRED. (a) In this |
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section, "area prone to severe weather" means a coastal county or |
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any other county in which a state of disaster has been declared by |
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an executive order or proclamation under Chapter 418, Government |
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Code, issued on or after January 1, 2003, and before June 1, 2010. |
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(b) This section applies only to a pharmacy located in an |
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area prone to severe weather. |
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(c) A pharmacy must be equipped with one or more emergency |
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generators as necessary to provide sufficient electrical power to |
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operate all equipment necessary to dispense prescription drugs for |
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at least 10 consecutive days of normal business hours. |
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SECTION 3. This Act takes effect June 1, 2010. |