| 1 | 1 | | 81R5112 JE-D |
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| 2 | 2 | | By: Corte H.B. No. 1015 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain service stations to be capable of |
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| 8 | 8 | | operating with alternative electrical power and to have an |
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| 9 | 9 | | alternative electrical generator; providing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 12 | 12 | | amended by adding Chapter 106 to read as follows: |
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| 13 | 13 | | CHAPTER 106. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN |
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| 14 | 14 | | SERVICE STATIONS |
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| 15 | 15 | | Sec. 106.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Alternative electrical generator" means an |
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| 17 | 17 | | electrical generator that provides electric power when electric |
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| 18 | 18 | | power from a utility service is interrupted. |
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| 19 | 19 | | (2) "Department" means the Texas Department of |
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| 20 | 20 | | Agriculture. |
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| 21 | 21 | | (3) "Service station" has the meaning assigned by |
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| 22 | 22 | | Section 105.001. |
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| 23 | 23 | | Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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| 24 | 24 | | applies only to a self-service, full-service, or combination of |
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| 25 | 25 | | self-service and full-service service station that: |
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| 26 | 26 | | (1) is located within 100 miles of the Gulf of Mexico |
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| 27 | 27 | | or of a bay or inlet of the gulf; and |
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| 28 | 28 | | (2) has seven or more fueling positions. |
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| 29 | 29 | | (b) This chapter applies to a service station described by |
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| 30 | 30 | | Subsection (a) regardless of whether the service station is located |
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| 31 | 31 | | on the grounds of, or is owned by, another business entity that does |
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| 32 | 32 | | not engage in the business of selling motor vehicle fuel to the |
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| 33 | 33 | | public. |
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| 34 | 34 | | (c) This chapter does not apply to: |
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| 35 | 35 | | (1) an automobile dealer; |
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| 36 | 36 | | (2) a person who operates a fleet of motor vehicles; or |
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| 37 | 37 | | (3) a person who sells motor vehicle fuel exclusively |
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| 38 | 38 | | to a fleet of motor vehicles. |
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| 39 | 39 | | Sec. 106.003. ALTERNATIVE ELECTRICAL POWER CAPACITY FOR |
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| 40 | 40 | | SERVICE STATIONS. (a) A service station shall be prewired with an |
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| 41 | 41 | | appropriate transfer switch and be capable of operating all fuel |
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| 42 | 42 | | pumps, dispensing equipment, and life-safety systems using an |
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| 43 | 43 | | alternative electrical generator. |
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| 44 | 44 | | (b) Installation of appropriate wiring and transfer |
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| 45 | 45 | | switches must be performed by an electrical contractor. |
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| 46 | 46 | | (c) If a local government requires a certificate of |
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| 47 | 47 | | occupancy for completion of construction of a service station, the |
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| 48 | 48 | | local government may not issue a certificate of occupancy to the |
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| 49 | 49 | | service station unless the local government determines that the |
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| 50 | 50 | | service station has the equipment and operational capabilities |
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| 51 | 51 | | required by Subsection (a). |
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| 52 | 52 | | Sec. 106.004. ALTERNATIVE ELECTRICAL GENERATOR REQUIRED. A |
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| 53 | 53 | | service station shall be equipped with at least one alternative |
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| 54 | 54 | | electrical generator for use at the station and be capable of |
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| 55 | 55 | | operating all fuel pumps, dispensing equipment, and life-safety |
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| 56 | 56 | | systems using an alternative electrical generator for a minimum of |
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| 57 | 57 | | 72 hours. |
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| 58 | 58 | | Sec. 106.005. REQUIRED DOCUMENTS FOR SERVICE STATIONS. (a) |
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| 59 | 59 | | A service station must keep a copy of the documentation of the |
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| 60 | 60 | | installation of appropriate wiring for the operation of an |
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| 61 | 61 | | alternative electrical generator, including a transfer switch, |
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| 62 | 62 | | on-site or at its corporate headquarters. |
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| 63 | 63 | | (b) A service station must keep a written statement |
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| 64 | 64 | | attesting to the periodic testing and ensured operational capacity |
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| 65 | 65 | | of the equipment. |
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| 66 | 66 | | (c) The documents required by this section must be made |
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| 67 | 67 | | available, on request, to the department. |
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| 68 | 68 | | Sec. 106.006. ADMINISTRATION; RULES. The department shall: |
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| 69 | 69 | | (1) administer and enforce the provisions of this |
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| 70 | 70 | | chapter; and |
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| 71 | 71 | | (2) adopt rules as necessary for the administration |
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| 72 | 72 | | and enforcement of this chapter. |
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| 73 | 73 | | Sec. 106.007. PENALTY. A person who violates this chapter |
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| 74 | 74 | | commits an offense. An offense under this section is a Class C |
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| 75 | 75 | | misdemeanor. |
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| 76 | 76 | | SECTION 2. A newly constructed service station that begins |
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| 77 | 77 | | operating on or after the effective date of this Act shall comply |
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| 78 | 78 | | with Chapter 106, Business & Commerce Code, as added by this Act, |
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| 79 | 79 | | beginning on the first day of operation. A service station |
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| 80 | 80 | | operating before the effective date of this Act shall comply with |
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| 81 | 81 | | Chapter 106, Business & Commerce Code, as added by this Act, |
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| 82 | 82 | | beginning on the later of June 1, 2010, or the first day of |
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| 83 | 83 | | operation after replacing a fuel pump. |
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| 84 | 84 | | SECTION 3. This Act takes effect June 1, 2010. |
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