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A BILL TO BE ENTITLED
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AN ACT
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relating to written objections to the proposed installation or |
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modification of a stationary LP-Gas installation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter M, Chapter 113, |
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Natural Resources Code, is amended to read as follows: |
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SUBCHAPTER M. REQUIRED NOTICES; WRITTEN OBJECTION [CONSUMER SAFETY |
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NOTIFICATION] |
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SECTION 2. The heading to Section 113.401, Natural |
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Resources Code, is amended to read as follows: |
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Sec. 113.401. CONSUMER SAFETY NOTIFICATION [NOTICE |
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REQUIRED]. |
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SECTION 3. Subchapter M, Chapter 113, Natural Resources |
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Code, is amended by adding Sections 113.402 and 113.403 to read as |
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follows: |
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Sec. 113.402. NOTICE FOR CERTAIN STATIONARY LP-GAS |
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INSTALLATIONS. (a) For a proposed installation or modification of a |
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stationary LP-gas installation with an aggregate water capacity of |
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10,000 gallons or more, the commission shall require the applicant |
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to mail notice containing the information required by the |
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commission by registered or certified mail, return receipt |
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requested, or by an other form of mail that provides proof of |
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delivery, to all owners of real property situated within 500 feet of |
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the proposed container location. |
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(b) The applicant shall maintain a record of the proof of |
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delivery for a period of time determined by the commission. |
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(c) The commission may exempt from the requirements of this |
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section certain installations where LP-gas containers of 10,000 |
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gallons or more aggregate water capacity are used as fuel storage |
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supply for asphalt heating. |
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Sec. 113.403. WRITTEN OBJECTION. (a) Not later than the |
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30th day after the date a person receives notice under Section |
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113.402, the person may file with the commission written objection |
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to the application for the proposed installation or modification |
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that is the subject of the notice. |
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(b) The written objection shall be made part of the record |
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and one copy of the written objection shall be furnished to the |
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operator and the person who filed the objection. |
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(c) The commission shall notify a person who filed a written |
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objection under Subsection (a) of any deficiency with the person's |
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written objection and provide the person 15 days to correct the |
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deficiency. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for the installation or modification of a |
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stationary LP-gas installation that is filed with the Railroad |
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Commission of Texas on or after the effective date of this Act. An |
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application for the installation or modification of a stationary |
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LP-gas installation that is filed before the effective date of this |
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Act is governed by the law in effect on the date of filing, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |