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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation and ownership of certain outdoor |
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storage containers; authorizing a fee. |
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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 I, Chapter 26, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER I. UNDERGROUND AND ABOVEGROUND STORAGE [TANKS] |
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SECTION 2. Section 26.341(b), Water Code, is amended to |
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read as follows: |
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(b) The legislature declares that it is the policy of this |
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state and the purpose of this subchapter to: |
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(1) maintain and protect the quality of groundwater |
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and surface water resources in the state from certain substances in |
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underground and aboveground storage tanks that may pollute |
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groundwater and surface water resources; |
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(2) require the use of all reasonable methods, |
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including risk-based corrective action, to implement this policy; |
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[and] |
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(3) promote the safety of storage vessels as defined |
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in Section 26.3442, by adopting requirements for the design, |
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construction, operation, and maintenance of storage vessels, with |
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the objective of protecting groundwater and surface water resources |
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in the event of accidents and natural disasters; and |
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(4) ensure that outdoor storage containers, as defined |
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by Section 26.3445, are not located close to private residences. |
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SECTION 3. Subchapter I, Chapter 26, Water Code, is amended |
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by adding Section 26.3445 to read as follows: |
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Sec. 26.3445. LOCATION OF OUTDOOR STORAGE CONTAINERS. (a) |
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In this section, "outdoor storage container" means a nonvehicular |
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device that is: |
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(1) made of nonearthen materials; |
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(2) located on or above the surface of the ground and |
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not inside a structure; |
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(3) located at, or is a part of, a commercial facility, |
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including a for-hire storage terminal; and |
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(4) designed to contain a regulated substance. |
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(b) A person may not install or operate an outdoor storage |
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container in a location 2,000 feet or less from a private residence. |
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(c) An owner of an outdoor storage container shall register |
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the container with the commission not later than the 30th day after |
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the date the container is installed or the date the owner acquires |
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an installed container from a previous owner. An owner of an |
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outdoor storage container that was installed before September 1, |
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2025, shall register the container with the commission not later |
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than March 1, 2026. An owner of an outdoor storage container |
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required to register the container as an aboveground storage tank |
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or a storage vessel under this subchapter is not required to |
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register the container under this section. |
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(d) The commission shall conduct annual on-site inspections |
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of outdoor storage containers registered under this subchapter to |
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determine compliance with this section. This subsection does not |
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limit the commission's ability to inspect a container under other |
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state or federal law. |
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(e) The commission by rule shall impose a fee for |
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registering an outdoor storage container under this section in an |
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amount sufficient to recover the reasonable costs of: |
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(1) implementing the registration program; and |
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(2) inspecting registered facilities. |
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(f) An outdoor storage container is exempt from the |
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application of this section if the container is: |
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(1) a farm or residential tank with a capacity of 1,100 |
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gallons or less used for storing motor fuel for noncommercial |
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purposes; |
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(2) used for storing heating oil for consumptive use |
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on the premises where stored; |
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(3) a septic tank; |
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(4) a surface impoundment, pit, pond, or lagoon; |
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(5) a storm water or waste water collection system; |
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(6) a flow-through process tank; |
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(7) a tank, liquid trap, gathering line, or other |
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facility used in connection with an activity associated with the |
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exploration, development, or production of oil, gas, or geothermal |
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resources, or any other activity regulated by the Railroad |
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Commission of Texas under Section 91.101, Natural Resources Code; |
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or |
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(8) a transformer or other electrical equipment that |
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contains a regulated substance and that is used in the transmission |
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of electricity, to the extent that such a transformer or equipment |
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is exempted by the United States Environmental Protection Agency |
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under 40 C.F.R. Part 280. |
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(g) This section does not limit the authority of a |
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municipality to adopt an ordinance prohibiting the installation or |
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operation of an outdoor storage container in a location more than |
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2,000 feet from a private residence. |
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SECTION 4. Notwithstanding Section 26.3445, Water Code, as |
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added by this Act, an owner of an outdoor storage container, as |
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defined by Section 26.3445(a), Water Code, as added by this Act, is |
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not required to register the container before March 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |