Texas 2009 - 81st Regular

Texas House Bill HB457 Compare Versions

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Old	New	Differences
1	1	81R27213 JE-F
2	2	By: Alvarado, Harless, Turner of Harris H.B. No. 457
3	3	Substitute the following for H.B. No. 457:
4	4	By: Solomons C.S.H.B. No. 457
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to disaster preparedness and emergency management in
10	10	relation to alternative electrical power for certain service
11	11	stations in certain populous counties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 418, Government Code, is
14	14	amended by adding Sections 418.0426 and 418.049 to read as follows:
15	15	Sec. 418.0426. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a)
16	16	In this section:
17	17	(1) "Alternative electrical generator" means an
18	18	electrical generator that provides electric power when electric
19	19	power from a utility is interrupted.
20	20	(2) "Service station" means a gasoline service station
21	21	or other facility that offers gasoline or other motor vehicle fuel
22	22	for sale to the public from the facility.
23	23	(b) This section applies only to a service station that:
24	24	(1) is located in a county with a population of 3.3
25	25	million or more; and
26	26	(2) has six or more fueling positions.
27	27	(c) The division shall develop an annex to the state
28	28	emergency management plan that addresses alternative electrical
29	29	power for service stations during the first 120 hours immediately
30	30	following a disaster. The annex must include provisions:
31	31	(1) for post-disaster assessment of a service
32	32	station's structural integrity and capability to operate safely;
33	33	(2) for the dissemination of information between
34	34	service stations capable of operating during that period and all
35	35	necessary emergency personnel; and
36	36	(3) to identify service stations capable of operating
37	37	fuel pumps, dispensing equipment, life-safety systems, and payment
38	38	acceptance equipment through the use of alternative electrical
39	39	power, including alternative electrical generators, within 72
40	40	hours of being considered safe to operate under Subdivision (1) by
41	41	reviewing the emergency preparedness plans submitted under Section
42	42	418.049.
43	43	Sec. 418.049. EMERGENCY PREPAREDNESS PLAN FOR CERTAIN
44	44	SERVICE STATIONS. (a) The division by rule shall require a service
45	45	station to which Section 418.0426 applies to adopt and submit for
46	46	the division's approval an emergency preparedness plan ensuring
47	47	that if electric power from a utility is interrupted, the service
48	48	station maintains the ability to operate fuel pumps, dispensing
49	49	equipment, life-safety systems, and payment acceptance equipment
50	50	within 72 hours of being considered safe to operate under Section
51	51	418.0426(c)(1).
52	52	(b) The division shall review and approve or disapprove an
53	53	emergency preparedness plan submitted under Subsection (a) and
54	54	issue a notification of approval or a notification of the reasons
55	55	for disapproval of the plan. An emergency preparedness plan must:
56	56	(1) demonstrate that the service station:
57	57	(A) possesses on its premises an alternative
58	58	electrical generator or any other emergency electrical source and
59	59	has the capability of operating fuel pumps, dispensing equipment,
60	60	life-safety systems, and payment acceptance equipment using the
61	61	emergency electrical source within 72 hours of being considered
62	62	safe to operate under Section 418.0426(c)(1); or
63	63	(B) has entered into a contract under which
64	64	another person will provide the service station an alternative
65	65	electrical generator or other emergency electrical source when
66	66	power from a utility is interrupted and the capability to operate
67	67	fuel pumps, dispensing equipment, life-safety systems, and payment
68	68	acceptance equipment using the emergency electrical source within
69	69	72 hours of being considered safe to operate under Section
70	70	418.0426(c)(1); and
71	71	(2) if Subdivision (1) applies, include a proposed
72	72	schedule of the periodic servicing and testing of the emergency
73	73	electrical source that complies with the division's rules.
74	74	(c) A service station to which this section applies shall
75	75	maintain documentation of any periodic servicing and testing of the
76	76	emergency electrical source required under this section. The
77	77	documents must be made available, on request, to the division.
78	78	(d) The division shall adopt rules necessary to implement
79	79	this section, including prescribing standards relating to the
80	80	periodic servicing and testing of an alternative electrical
81	81	generator or other emergency electrical source used to meet the
82	82	requirements of Subsection (b).
83	83	(e) Installation of equipment and appropriate wiring,
84	84	including transfer switches, for an emergency electrical source for
85	85	purposes of this section must be performed by a licensed electrical
86	86	contractor in accordance with all local, state, and national safety
87	87	rules or regulations.
88	88	(f) In this section, "alternative electrical generator" has
89	89	the meaning assigned by Section 418.0426.
90	90	SECTION 2. This Act takes effect January 1, 2010.