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.