81R1583 JE-D
By: Edwards H.B. No. 443
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain service stations to be capable of
operating with alternate generated power.
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. ALTERNATE POWER REQUIREMENTS FOR CERTAIN SERVICE
STATIONS
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Alternate power generator" means a generator that
is capable of providing electric power when electric utility
service is interrupted.
(2) "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) has six or more fueling positions; and
(2) is located in a county with a population of at
least three million.
(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) a person who operates a fleet of motor vehicles; or
(2) a person who sells motor vehicle fuel exclusively
to a fleet of motor vehicles.
Sec. 106.003. ALTERNATE GENERATED POWER CAPACITY FOR
SERVICE STATIONS. A service station shall be equipped with an
alternate power generator and be capable of operating all fuel
pumps, dispensing equipment, life-safety systems, and
payment-acceptance equipment using an alternate power generator
for a minimum of 72 hours.
Sec. 106.004. REQUIRED DOCUMENTS. (a) A service station
must keep a copy of the documentation of the installation of
appropriate wiring for the operation of an alternate power
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 governor's division of emergency
management or the Department of Agriculture.
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 that
begins operating before the effective date of this Act shall comply
with Chapter 106, Business & Commerce Code, as added by this Act,
not later than January 1, 2011.
SECTION 3. This Act takes effect January 1, 2009.