| 1 | 1 | | 81R1583 JE-D |
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| 2 | 2 | | By: Edwards H.B. No. 443 |
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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 alternate generated power. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Chapter 106 to read as follows: |
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| 12 | 12 | | CHAPTER 106. ALTERNATE POWER REQUIREMENTS FOR CERTAIN SERVICE |
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| 13 | 13 | | STATIONS |
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| 14 | 14 | | Sec. 106.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Alternate power generator" means a generator that |
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| 16 | 16 | | is capable of providing electric power when electric utility |
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| 17 | 17 | | service is interrupted. |
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| 18 | 18 | | (2) "Service station" has the meaning assigned by |
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| 19 | 19 | | Section 105.001. |
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| 20 | 20 | | Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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| 21 | 21 | | applies only to a self-service, full-service, or combination of |
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| 22 | 22 | | self-service and full-service service station that: |
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| 23 | 23 | | (1) has six or more fueling positions; and |
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| 24 | 24 | | (2) is located in a county with a population of at |
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| 25 | 25 | | least three million. |
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| 26 | 26 | | (b) This chapter applies to a service station described by |
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| 27 | 27 | | Subsection (a) regardless of whether the service station is located |
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| 28 | 28 | | on the grounds of, or is owned by, another business entity that does |
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| 29 | 29 | | not engage in the business of selling motor vehicle fuel to the |
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| 30 | 30 | | public. |
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| 31 | 31 | | (c) This chapter does not apply to: |
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| 32 | 32 | | (1) a person who operates a fleet of motor vehicles; or |
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| 33 | 33 | | (2) a person who sells motor vehicle fuel exclusively |
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| 34 | 34 | | to a fleet of motor vehicles. |
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| 35 | 35 | | Sec. 106.003. ALTERNATE GENERATED POWER CAPACITY FOR |
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| 36 | 36 | | SERVICE STATIONS. A service station shall be equipped with an |
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| 37 | 37 | | alternate power generator and be capable of operating all fuel |
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| 38 | 38 | | pumps, dispensing equipment, life-safety systems, and |
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| 39 | 39 | | payment-acceptance equipment using an alternate power generator |
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| 40 | 40 | | for a minimum of 72 hours. |
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| 41 | 41 | | Sec. 106.004. REQUIRED DOCUMENTS. (a) A service station |
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| 42 | 42 | | must keep a copy of the documentation of the installation of |
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| 43 | 43 | | appropriate wiring for the operation of an alternate power |
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| 44 | 44 | | generator, including a transfer switch, on site or at its corporate |
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| 45 | 45 | | headquarters. |
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| 46 | 46 | | (b) A service station must keep a written statement |
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| 47 | 47 | | attesting to the periodic testing and ensured operational capacity |
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| 48 | 48 | | of the equipment. |
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| 49 | 49 | | (c) The documents required by this section must be made |
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| 50 | 50 | | available, on request, to the governor's division of emergency |
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| 51 | 51 | | management or the Department of Agriculture. |
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| 52 | 52 | | SECTION 2. A newly constructed service station that begins |
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| 53 | 53 | | operating on or after the effective date of this Act shall comply |
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| 54 | 54 | | with Chapter 106, Business & Commerce Code, as added by this Act, |
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| 55 | 55 | | beginning on the first day of operation. A service station that |
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| 56 | 56 | | begins operating before the effective date of this Act shall comply |
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| 57 | 57 | | with Chapter 106, Business & Commerce Code, as added by this Act, |
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| 58 | 58 | | not later than January 1, 2011. |
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| 59 | 59 | | SECTION 3. This Act takes effect January 1, 2009. |
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