Texas 2015 - 84th Regular

Texas House Bill HB2470 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Rodriguez of Travis H.B. No. 2470
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to liability insurance for ammonium nitrate operations;
7	7	creating a criminal offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 63.152(b), Agriculture Code, is amended
10	10	to read as follows:
11	11	(b) An application for a registration submitted by an
12	12	applicant who owns an ammonium nitrate facility must be:
13	13	(1) submitted on a form prescribed by the service that
14	14	includes:
15	15	(A) the name, address, and telephone number of
16	16	each ammonium nitrate facility owned by the applicant; [and]
17	17	(B) the name of the person designated by the
18	18	applicant as the point of contact for each facility owned by the
19	19	applicant; and
20	20	(C) proof of insurance required by Section
21	21	63.1525; and
22	22	(2) accompanied by a fee in an amount sufficient to
23	23	cover the service's costs to administer this subchapter.
24	24	SECTION 2. Subchapter I, Chapter 63, Agriculture Code, is
25	25	amended by adding Section 63.1525 to read as follows:
26	26	Sec. 63.1525. PUBLIC LIABILITY INSURANCE REQUIRED. (a) A
27	27	person may not produce, store, transfer, chemically blend, offer
28	28	for sale, or sell ammonium nitrate or ammonium nitrate material
29	29	unless the person files with the service a public liability
30	30	insurance policy issued by an insurance company authorized to
31	31	conduct business in this state and considered acceptable by the
32	32	Texas Department of Insurance.
33	33	(b) The liability insurance policy required by Subsection
34	34	(a) must afford bodily injury and property damage protection in an
35	35	amount determined by the Texas Department of Insurance to
36	36	compensate any person damaged as a result of ammonium nitrate
37	37	operations.
38	38	(c) A person shall maintain the liability insurance policy
39	39	required by this section in effect during:
40	40	(1) the term of a certificate of registration issued
41	41	to the person under this subchapter; and
42	42	(2) any period during which the person is engaged in an
43	43	activity described by Subsection (a).
44	44	(d) The commissioner of insurance shall coordinate with the
45	45	state fire marshal, the Department of State Health Services, the
46	46	Office of the Texas State Chemist, and other appropriate state
47	47	agencies and officials in studying the risk exposure for activities
48	48	related to ammonium nitrate and ammonium nitrate material and
49	49	assessing the appropriate liability insurance requirements for a
50	50	policy required by Subsection (a) based on risk exposure. In
51	51	assessing risk exposure, the commissioner and other agencies and
52	52	officials shall consider population density and proximity of the
53	53	ammonium nitrate operations to individuals, homes, other
54	54	buildings, livestock, and other individuals, places, or creatures
55	55	that may suffer damage from ammonium nitrate operations.
56	56	SECTION 3. Section 63.154(a), Agriculture Code, is amended
57	57	to read as follows:
58	58	(a) Before completing a sale of ammonium nitrate or ammonium
59	59	nitrate material, a person that engages in those sales shall:
60	60	(1) require the person making the purchase to:
61	61	(A) display a driver's license or other form of
62	62	identification containing the person's photograph;
63	63	(B) provide the other personal information
64	64	required by Subdivision (2); [and]
65	65	(C) provide proof of insurance required by
66	66	Section 63.1525; and
67	67	(D) sign for the purchase; and
68	68	(2) make a record of the sale, including:
69	69	(A) the name of the person making the purchase;
70	70	(B) the date of the purchase;
71	71	(C) the purchaser's address, date of birth, and
72	72	phone number;
73	73	(D) the form of identification the purchaser
74	74	presented;
75	75	(E) whether the purchase is being made on behalf
76	76	of another person; and
77	77	(F) the amount and brand name of the ammonium
78	78	nitrate or ammonium nitrate material purchased.
79	79	SECTION 4. Section 63.157, Agriculture Code, is amended by
80	80	adding Subsection (c-1) and amending Subsection (d) to read as
81	81	follows:
82	82	(c-1) A person commits an offense if the person produces,
83	83	stores, transfers, chemically blends, offers for sale, or sells
84	84	ammonium nitrate or ammonium nitrate material without maintaining
85	85	liability insurance as provided by this subchapter.
86	86	(d) An offense under Subsection (a), [or] (c), or (c-1) is a
87	87	Class A misdemeanor.
88	88	SECTION 5. Subchapter I, Chapter 63, Agriculture Code, as
89	89	amended by this Act, applies only to a person who produces, stores,
90	90	transfers, chemically blends, offers for sale, or sells ammonium
91	91	nitrate or ammonium nitrate material on or after March 1, 2016. A
92	92	person who produces, stores, transfers, chemically blends, offers
93	93	for sale, or sells ammonium nitrate or ammonium nitrate material
94	94	before March 1, 2016, is governed by the law in effect immediately
95	95	before the effective date of this Act, and that law is continued in
96	96	effect for that purpose.
97	97	SECTION 6. This Act takes effect September 1, 2015.