Texas 2015 - 84th Regular

Texas House Bill HB417 Compare Versions

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

Old	New	Differences
1	1	84R1957 JTS-D
2	2	By: Pickett H.B. No. 417
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information regarding the storage of certain hazardous
8	8	chemicals; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 63.151, Agriculture Code, is amended by
11	11	adding Subdivisions (3), (4), and (5) to read as follows:
12	12	(3) "Ammonium nitrate storage facility" means a
13	13	facility that stores ammonium nitrate material or ammonium nitrate
14	14	to be used in ammonium nitrate material and includes the premises on
15	15	which a facility is located.
16	16	(4) "Fire marshal" means the state fire marshal or a
17	17	local fire marshal, fire chief, or other fire safety official,
18	18	including a volunteer fire safety official, having jurisdiction
19	19	over the area in which an ammonium nitrate storage facility is
20	20	located.
21	21	(5) "Operator" means the person who controls the
22	22	day-to-day operations of an ammonium nitrate storage facility.
23	23	SECTION 2. Subchapter I, Chapter 63, Agriculture Code, is
24	24	amended by adding Section 63.158 to read as follows:
25	25	Sec. 63.158. FIRE PREVENTION AT AMMONIUM NITRATE STORAGE
26	26	FACILITIES; ADOPTION OF FIRE PROTECTION STANDARDS. (a) The owner
27	27	or operator of an ammonium nitrate storage facility shall:
28	28	(1) allow a fire marshal to enter the facility to make
29	29	a thorough examination of the facility; and
30	30	(2) on request, at a reasonable time, allow the local
31	31	fire department access to the facility to perform a pre-fire
32	32	planning assessment.
33	33	(b) A fire marshal who determines the presence of a fire or
34	34	life safety hazard, as that term is defined by Section 352.016,
35	35	Local Government Code, at an ammonium nitrate storage facility may
36	36	direct the owner or operator of the facility to correct the
37	37	hazardous situation. If directed to do so, an owner or operator
38	38	shall correct the hazardous situation.
39	39	(c) The commissioner of insurance, after consultation with
40	40	the state fire marshal, by rule shall adopt fire protection
41	41	standards for ammonium nitrate storage facilities, including
42	42	standards for the storage of ammonium nitrate at those facilities.
43	43	(d) Except as provided by Subsection (e), a fire marshal who
44	44	determines that the owner or operator of an ammonium nitrate
45	45	storage facility has violated or is violating this section shall
46	46	notify the service of the violation. A violation of a rule adopted
47	47	under Subsection (c) is a violation of this section.
48	48	(e) A fire marshal may direct the owner or operator of an
49	49	ammonium nitrate storage facility to correct a violation of a fire
50	50	protection standard adopted under Subsection (c). If directed to
51	51	do so, an owner or operator shall remedy the violation before the
52	52	expiration of a period specified by the fire marshal, which may not
53	53	exceed 10 days. If the fire marshal determines that the violation
54	54	has not been remedied before the expiration of the specified
55	55	period, the fire marshal shall notify the service that the owner or
56	56	operator is in violation of this section.
57	57	(f) The service shall enforce a violation of this section in
58	58	an appropriate manner as authorized by this chapter.
59	59	(g) Section 419.909, Government Code, does not apply to an
60	60	examination of an ammonium nitrate storage facility by a fire
61	61	marshal under this section.
62	62	SECTION 3. Section 417.008(b), Government Code, is amended
63	63	to read as follows:
64	64	(b) The state fire marshal shall enter and is entitled, at
65	65	any time:
66	66	(1)[,] to enter any:
67	67	(A) mercantile, manufacturing, or public
68	68	building;
69	69	(B)[,] place of amusement;
70	70	(C)[, or] place where public gatherings are held;
71	71	(D) ammonium nitrate storage facility, as
72	72	defined by Section 63.151, Agriculture Code;[,] or
73	73	(E) [any] premises belonging to [such] a
74	74	building, [or] place, or facility described by Paragraphs
75	75	(A)-(D);[,] and
76	76	(2) to make a thorough examination of the building,
77	77	place, facility, or premises described by Subdivision (1).
78	78	SECTION 4. Section 505.002(b), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(b) It is the intent and purpose of this chapter to ensure
81	81	that accessibility to information regarding hazardous chemicals is
82	82	provided to:
83	83	(1) fire departments responsible for dealing with
84	84	chemical hazards during an emergency;
85	85	(2) local emergency planning committees and other
86	86	emergency planning organizations; and
87	87	(3) the executive director to make the information
88	88	available to the public through specific procedures.
89	89	SECTION 5. Section 505.003(b), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(b) In this chapter, a reference to the North American
92	92	Industrial Classification System (NAICS) [Standard Industrial
93	93	Classification (SIC)], to nomenclature systems developed by the
94	94	International Union of Pure and Applied Chemistry (IUPAC) or the
95	95	Chemical Abstracts Service (CAS), or to other information,
96	96	including information such as classification codes, performance
97	97	standards, systematic names, standards, and systems described in
98	98	publications sponsored by private technical or trade
99	99	organizations, means a reference to the most current version of the
100	100	publication.
101	101	SECTION 6. Section 505.004, Health and Safety Code, is
102	102	amended by adding Subdivisions (3-a) and (8-a) and amending
103	103	Subdivisions (10), (12), and (23) to read as follows:
104	104	(3-a) "Commission" means the Texas Commission on
105	105	Environmental Quality.
106	106	(8-a) "Executive director" means the executive
107	107	director of the commission.
108	108	(10) "Facility" means all buildings, equipment,
109	109	structures, and other stationary items that are located on a single
110	110	site or on contiguous or adjacent sites, that are owned or operated
111	111	by the same person, or by any person who controls, is controlled by,
112	112	or is under common control with that person, and that is in North
113	113	American Industrial Classification System (NAICS) Codes 31-33
114	114	[Standard Industrial Codes (SIC) 20-39].
115	115	(12) "Fire chief" means the [elected or paid]
116	116	administrative head of a fire department, including a volunteer
117	117	fire department.
118	118	(23) "Tier two form" means:
119	119	(A) a form specified by the commission
120	120	[department] under Section 505.006 for listing hazardous chemicals
121	121	as required by EPCRA; or
122	122	(B) a form accepted by the EPA under EPCRA for
123	123	listing hazardous chemicals together with additional information
124	124	required by the commission [department] for administering its
125	125	functions related to EPCRA.
126	126	SECTION 7. Sections 505.005(a) and (d), Health and Safety
127	127	Code, are amended to read as follows:
128	128	(a) Facility operators whose facilities are in North
129	129	American Industrial Classification System (NAICS) Codes 31-33 [SIC
130	130	Codes 20-39] shall comply with this chapter.
131	131	(d) The executive director shall develop and implement an
132	132	outreach program concerning the public's ability to obtain
133	133	information under this chapter similar to the outreach program
134	134	under Section 502.008.
135	135	SECTION 8. Section 505.006, Health and Safety Code, is
136	136	amended by amending Subsections (a), (c), (e), (f), and (g) and
137	137	adding Subsections (e-1) and (e-2) to read as follows:
138	138	(a) For the purpose of community right-to-know, a facility
139	139	operator covered by this chapter shall compile and maintain a tier
140	140	two form that contains information on hazardous chemicals present
141	141	in the facility in quantities that meet or exceed thresholds
142	142	determined by the EPA in 40 CFR Part 370, or at any other reporting
143	143	thresholds as determined by commission [board] rule for certain
144	144	highly toxic or extremely hazardous substances.
145	145	(c) Each tier two form shall be filed annually with the
146	146	commission, along with the appropriate fee, according to the
147	147	procedures specified by commission [board] rules. [The facility
148	148	operator shall furnish a copy of each tier two form to the fire
149	149	chief of the fire department having jurisdiction over the facility
150	150	and to the appropriate local emergency planning committee.]
151	151	(e) A facility operator shall file the tier two form with
152	152	the commission [department] not later than the 90th day after the
153	153	date on which the operator begins operation or has a reportable
154	154	addition, at the appropriate threshold, of a previously unreported
155	155	hazardous chemical or extremely hazardous substance. [The operator
156	156	shall furnish a copy of each tier two form to the fire chief of the
157	157	fire department having jurisdiction over the facility and to the
158	158	appropriate local emergency planning committee.]
159	159	(e-1) A facility operator shall file an updated tier two
160	160	form with the commission:
161	161	(1) not later than the 90th day after the date on which
162	162	the operator has a change in the chemical weight range, as listed in
163	163	40 CFR Part 370, of a previously reported hazardous chemical or
164	164	extremely hazardous substance; and
165	165	(2) as otherwise required by commission rule.
166	166	(e-2) A facility operator shall furnish a copy of each tier
167	167	two form and updated tier two form filed with the commission under
168	168	this section to the fire chief of the fire department having
169	169	jurisdiction over the facility and to the appropriate local
170	170	emergency planning committee.
171	171	(f) A facility operator shall file a material safety data
172	172	sheet with the commission [department] on the commission's
173	173	[department's] request.
174	174	(g) The commission [department] shall maintain records of
175	175	the tier two forms and other documents filed under this chapter or
176	176	EPCRA for at least 30 years.
177	177	SECTION 9. Chapter 505, Health and Safety Code, is amended
178	178	by adding Section 505.0061 to read as follows:
179	179	Sec. 505.0061. REPORTING FOR FACILITIES STORING AMMONIUM
180	180	NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
181	181	nitrate" and "ammonium nitrate storage facility" have the meanings
182	182	assigned by Section 63.151, Agriculture Code.
183	183	(b) As soon as practicable but not later than 72 hours after
184	184	the commission receives a tier two form reporting the presence of
185	185	ammonium nitrate at an ammonium nitrate storage facility, the
186	186	commission shall furnish a copy of the form to the state fire
187	187	marshal and the Texas Division of Emergency Management. The state
188	188	fire marshal shall furnish a copy of the form to the chief of the
189	189	fire department having jurisdiction over the facility. The Texas
190	190	Division of Emergency Management shall furnish a copy of the form to
191	191	the appropriate local emergency planning committee.
192	192	(c) Notwithstanding Section 505.006(e), the operator of an
193	193	ammonium nitrate storage facility shall file a tier two form with
194	194	the commission not later than 72 hours after the operator:
195	195	(1) begins operation;
196	196	(2) has a reportable addition, at the appropriate
197	197	threshold, of previously unreported ammonium nitrate; or
198	198	(3) has a change in the chemical weight range, as
199	199	listed in 40 CFR Part 370, of previously reported ammonium nitrate.
200	200	(d) An ammonium nitrate storage facility operator shall
201	201	furnish a copy of each tier two form submitted under Subsection (c)
202	202	to the fire chief of the fire department having jurisdiction over
203	203	the facility and to the appropriate local emergency planning
204	204	committee.
205	205	SECTION 10. Sections 505.007(c) and (d), Health and Safety
206	206	Code, are amended to read as follows:
207	207	(c) Any facility that has received five requests under
208	208	Subsection (a) in a calendar month, four requests in a calendar
209	209	month for two or more months in a row, or more than 10 requests in a
210	210	year may elect to furnish the material to the commission
211	211	[department].
212	212	(d) Any facility electing to furnish the material to the
213	213	commission [department] under Subsection (c) may during that same
214	214	filing period inform persons making requests under Subsection (a)
215	215	of the availability of the information at the commission
216	216	[department] and refer the request to the commission [department]
217	217	for that filing period. The notice to persons making requests shall
218	218	state the address of the commission [department] and shall be
219	219	mailed within seven days of the date of receipt of the request, if
220	220	by mail, and at the time of the request if in person.
221	221	SECTION 11. Section 505.008(b), Health and Safety Code, is
222	222	amended to read as follows:
223	223	(b) A facility operator, on request, shall give the fire
224	224	chief or the local emergency planning committee such additional
225	225	information on types and amounts of hazardous chemicals present at
226	226	a facility as the requestor may need for emergency planning
227	227	purposes. A facility operator, on request, shall give the
228	228	executive director, the fire chief, or the local emergency planning
229	229	committee a copy of the MSDS for any chemical on the tier two form
230	230	furnished under Section 505.006 or for any chemical present at the
231	231	facility.
232	232	SECTION 12. Section 505.009, Health and Safety Code, is
233	233	amended to read as follows:
234	234	Sec. 505.009. COMPLAINTS AND INVESTIGATIONS. On
235	235	presentation of appropriate credentials, an officer or
236	236	representative of the executive director may enter a facility at
237	237	reasonable times to inspect and investigate complaints.
238	238	SECTION 13. Section 505.016, Health and Safety Code, is
239	239	amended to read as follows:
240	240	Sec. 505.016. RULES; FEES. (a) The commission [board] may
241	241	adopt rules and administrative procedures reasonably necessary to
242	242	carry out the purposes of this chapter.
243	243	(b) The commission [board] may authorize the collection of
244	244	annual fees from facility operators for the filing of tier two forms
245	245	required by this chapter. Except as provided by Subsection (d),
246	246	fees may be used only to fund activities under this chapter. The
247	247	fee for facilities may not exceed:
248	248	(1) $100 for each required submission having no more
249	249	than 25 hazardous chemicals or hazardous chemical categories;
250	250	(2) $200 for each required submission having no more
251	251	than 50 hazardous chemicals or hazardous chemical categories;
252	252	(3) $300 for each required submission having no more
253	253	than 75 hazardous chemicals or hazardous chemical categories;
254	254	(4) $400 for each required submission having no more
255	255	than 100 hazardous chemicals or hazardous chemical categories; or
256	256	(5) $500 for each required submission having more than
257	257	100 hazardous chemicals or chemical categories.
258	258	(c) To minimize the fees, the commission [board] by rule
259	259	shall provide for consolidated filings of multiple tier two forms
260	260	for facility operators covered by Subsection (b) if each of the tier
261	261	two forms contains fewer than 25 items.
262	262	(d) The commission [department] may use up to 20 percent of
263	263	the fees collected under this section as grants to local emergency
264	264	planning committees to assist them to fulfill their
265	265	responsibilities under EPCRA. An amount not to exceed [The
266	266	department may use up to] 15 percent of the fees collected under
267	267	this chapter and Chapter 506, or 15 percent of the amount of fees
268	268	paid by the state and its political subdivisions under Chapter 506,
269	269	whichever is greater, may be used by the Department of State Health
270	270	Services to administer Chapter 502.
271	271	SECTION 14. Chapter 505, Health and Safety Code, is amended
272	272	by adding Section 505.018 to read as follows:
273	273	Sec. 505.018. ENFORCEMENT. (a) A facility operator may not
274	274	cause, suffer, allow, or permit a violation of this chapter,
275	275	commission rules adopted under this chapter, or an order issued
276	276	under this chapter.
277	277	(b) The commission may enforce this chapter under Chapter 7,
278	278	Water Code, including by issuing an administrative order that
279	279	assesses a penalty or orders a corrective action.
280	280	SECTION 15. Section 506.002(b), Health and Safety Code, is
281	281	amended to read as follows:
282	282	(b) It is the intent and purpose of this chapter to ensure
283	283	that accessibility to information regarding hazardous chemicals
284	284	[chemical] is provided to:
285	285	(1) fire departments responsible for dealing with
286	286	chemical hazards during an emergency;
287	287	(2) local emergency planning committees and other
288	288	emergency planning organizations; and
289	289	(3) the executive director to make the information
290	290	available to the public through specific procedures.
291	291	SECTION 16. Section 506.004, Health and Safety Code, is
292	292	amended by adding Subdivisions (3-a) and (8-a) and amending
293	293	Subdivisions (12) and (24) to read as follows:
294	294	(3-a) "Commission" means the Texas Commission on
295	295	Environmental Quality.
296	296	(8-a) "Executive director" means the executive
297	297	director of the commission.
298	298	(12) "Fire chief" means the [elected or paid]
299	299	administrative head of a fire department, including a volunteer
300	300	fire department.
301	301	(24) "Tier two form" means:
302	302	(A) a form specified by the commission
303	303	[department] under Section 506.006 for listing hazardous chemicals
304	304	as required by EPCRA; or
305	305	(B) a form accepted by the EPA under EPCRA for
306	306	listing hazardous chemicals together with additional information
307	307	required by the commission [department] for administering its
308	308	functions related to EPCRA.
309	309	SECTION 17. Section 506.005(d), Health and Safety Code, is
310	310	amended to read as follows:
311	311	(d) The executive director shall develop and implement an
312	312	outreach program concerning the public's ability to obtain
313	313	information under this chapter similar to the outreach program
314	314	under Section 502.008.
315	315	SECTION 18. Section 506.006, Health and Safety Code, is
316	316	amended by amending Subsections (a), (c), (d), (e), and (f) and
317	317	adding Subsections (d-1) and (d-2) to read as follows:
318	318	(a) For the purpose of community right-to-know, a facility
319	319	operator covered by this chapter shall compile and maintain a tier
320	320	two form that contains information on hazardous chemicals present
321	321	in the facility in quantities that meet or exceed thresholds
322	322	determined by the EPA in 40 CFR Part 370, or at any other reporting
323	323	thresholds as determined by commission [board] rule for certain
324	324	highly toxic or extremely hazardous substances.
325	325	(c) Each tier two form shall be filed annually with the
326	326	commission, along with the appropriate fee, according to the
327	327	procedures specified by commission [board] rules. [The facility
328	328	operator shall furnish a copy of each tier two form to the fire
329	329	chief of the fire department having jurisdiction over the facility
330	330	and to the appropriate local emergency planning committee.]
331	331	(d) A facility operator shall file the tier two form with
332	332	the commission [department] not later than the 90th day after the
333	333	date on which the operator begins operation or has a reportable
334	334	addition, at the appropriate threshold, of a previously unreported
335	335	hazardous chemical or extremely hazardous substance, but a fee may
336	336	not be associated with filing this report. [The operator shall
337	337	furnish a copy of each tier two form to the fire chief of the fire
338	338	department having jurisdiction over the facility and to the
339	339	appropriate local emergency planning committee.]
340	340	(d-1) A facility operator shall file an updated tier two
341	341	form with the commission:
342	342	(1) not later than the 90th day after the date on which
343	343	the operator has a change in the chemical weight range, as listed in
344	344	40 CFR Part 370, of a previously reported hazardous chemical or
345	345	extremely hazardous substance; and
346	346	(2) as otherwise required by commission rule.
347	347	(d-2) A facility operator shall furnish a copy of each tier
348	348	two form and updated tier two form filed with the commission under
349	349	this section to the fire chief of the fire department having
350	350	jurisdiction over the facility and to the appropriate local
351	351	emergency planning committee.
352	352	(e) A facility operator shall file a material safety data
353	353	sheet with the commission [department] on the commission's
354	354	[department's] request.
355	355	(f) The commission [department] shall maintain records of
356	356	the tier two forms and other documents filed under this chapter or
357	357	EPCRA for at least 30 years.
358	358	SECTION 19. Sections 506.007(c) and (d), Health and Safety
359	359	Code, are amended to read as follows:
360	360	(c) Any facility that has received five requests under
361	361	Subsection (a) in a calendar month, four requests in a calendar
362	362	month for two or more months in a row, or more than 10 requests in a
363	363	year may elect to furnish the material to the commission
364	364	[department].
365	365	(d) Any facility electing to furnish the material to the
366	366	commission [department] under Subsection (c) may during that same
367	367	filing period inform persons making requests under Subsection (a)
368	368	of the availability of the information at the commission
369	369	[department] and refer the request to the commission [department]
370	370	for that filing period. The notice to persons making requests shall
371	371	state the address of the commission [department] and shall be
372	372	mailed within seven days of the date of receipt of the request, if
373	373	by mail, and at the time of the request if in person.
374	374	SECTION 20. Section 506.008(b), Health and Safety Code, is
375	375	amended to read as follows:
376	376	(b) A facility operator, on request, shall give the fire
377	377	chief or the local emergency planning committee such additional
378	378	information on types and amounts of hazardous chemicals present at
379	379	a facility as the requestor may need for emergency planning
380	380	purposes. A facility operator, on request, shall give the
381	381	executive director, the fire chief, or the local emergency planning
382	382	committee a copy of the MSDS for any chemical on the tier two form
383	383	furnished under Section 506.006 or for any chemical present at the
384	384	facility.
385	385	SECTION 21. Section 506.009, Health and Safety Code, is
386	386	amended to read as follows:
387	387	Sec. 506.009. COMPLAINTS AND INVESTIGATIONS. On
388	388	presentation of appropriate credentials, an officer or
389	389	representative of the executive director may enter a facility at
390	390	reasonable times to inspect and investigate complaints.
391	391	SECTION 22. Section 506.017, Health and Safety Code, is
392	392	amended to read as follows:
393	393	Sec. 506.017. RULES; FEES. (a) The commission [board] may
394	394	adopt rules and administrative procedures reasonably necessary to
395	395	carry out the purposes of this chapter.
396	396	(b) The commission [board] may authorize the collection of
397	397	annual fees from facility operators for the filing of tier two forms
398	398	required by this chapter. The fee may not exceed:
399	399	(1) $50 for each required submission having no more
400	400	than 75 hazardous chemicals or hazardous chemical categories; or
401	401	(2) $100 for each required submission having more than
402	402	75 hazardous chemicals or chemical categories.
403	403	(c) To minimize the fees, the commission [board] by rule
404	404	shall provide for consolidated filings of multiple tier two forms
405	405	for facility operators covered by Subsection (b) if each of the tier
406	406	two forms contains fewer than 25 items.
407	407	(d) The commission may use up to 20 percent of the fees
408	408	collected under this section as grants to local emergency planning
409	409	committees to assist them to fulfill their responsibilities under
410	410	EPCRA. An amount not to exceed [The department may use up to] 15
411	411	percent of the fees collected under Chapter 505 and this chapter, or
412	412	15 percent of the amount of fees paid by the state and its political
413	413	subdivisions under this chapter, whichever is greater, may be used
414	414	by the Department of State Health Services to administer Chapter
415	415	502.
416	416	SECTION 23. Chapter 506, Health and Safety Code, is amended
417	417	by adding Section 506.018 to read as follows:
418	418	Sec. 506.018. ENFORCEMENT. (a) A facility operator may not
419	419	cause, suffer, allow, or permit a violation of this chapter,
420	420	commission rules adopted under this chapter, or an order issued
421	421	under this chapter.
422	422	(b) The commission may enforce this chapter under Chapter 7,
423	423	Water Code, including by issuing an administrative order that
424	424	assesses a penalty or orders a corrective action.
425	425	SECTION 24. Section 507.002(b), Health and Safety Code, is
426	426	amended to read as follows:
427	427	(b) It is the intent and purpose of this chapter to ensure
428	428	that accessibility to information regarding hazardous chemicals is
429	429	provided to:
430	430	(1) fire departments responsible for dealing with
431	431	chemical hazards during an emergency;
432	432	(2) local emergency planning committees and other
433	433	emergency planning organizations; and
434	434	(3) the executive director to make the information
435	435	available to the public through specific procedures.
436	436	SECTION 25. Section 507.003, Health and Safety Code, is
437	437	amended to read as follows:
438	438	Sec. 507.003. FEDERAL LAWS AND REGULATIONS. (a) In this
439	439	chapter, a reference to a federal law or regulation means a
440	440	reference to the most current version of that law or regulation.
441	441	(b) In this chapter, a reference to the North American
442	442	Industrial Classification System (NAICS) means a reference to the
443	443	most current version of that system.
444	444	SECTION 26. Section 507.004, Health and Safety Code, is
445	445	amended by adding Subdivisions (3-a) and (8-a) and amending
446	446	Subdivisions (10), (12), and (23) to read as follows:
447	447	(3-a) "Commission" means the Texas Commission on
448	448	Environmental Quality.
449	449	(8-a) "Executive director" means the executive
450	450	director of the commission.
451	451	(10) "Facility" means all buildings, equipment,
452	452	structures, and other stationary items that are located on a single
453	453	site or on contiguous or adjacent sites and that are owned or
454	454	operated by the same person or by any person who controls, is
455	455	controlled by, or is under common control with that person, and that
456	456	is in North American Industrial Classification System (NAICS) Codes
457	457	11-23 or Codes 42-92. The term does not include a facility subject
458	458	to Chapter [505 or] 506.
459	459	(12) "Fire chief" means the [elected or paid]
460	460	administrative head of a fire department, including a volunteer
461	461	fire department.
462	462	(23) "Tier two form" means:
463	463	(A) a form specified by the commission
464	464	[department] under Section 507.006 for listing hazardous chemicals
465	465	as required by EPCRA; or
466	466	(B) a form accepted by the EPA under EPCRA for
467	467	listing hazardous chemicals together with additional information
468	468	required by the commission [department] for administering its
469	469	functions related to EPCRA.
470	470	SECTION 27. Sections 507.005(a) and (d), Health and Safety
471	471	Code, are amended to read as follows:
472	472	(a) Facility operators whose facilities are in North
473	473	American Industrial Classification System (NAICS) Codes 11-23 or
474	474	NAICS Codes 42-92 and who are not subject to Chapter [505 or] 506
475	475	shall comply with this chapter.
476	476	(d) The executive director shall develop and implement an
477	477	outreach program concerning the public's ability to obtain
478	478	information under this chapter similar to the outreach program
479	479	under Section 502.008.
480	480	SECTION 28. Section 507.006, Health and Safety Code, is
481	481	amended by amending Subsections (a), (c), (e), (f), and (g) and
482	482	adding Subsections (e-1) and (e-2) to read as follows:
483	483	(a) For the purpose of community right-to-know, a facility
484	484	operator covered by this chapter shall compile and maintain a tier
485	485	two form that contains information on hazardous chemicals present
486	486	in the facility in quantities that meet or exceed thresholds
487	487	determined by the EPA in 40 CFR Part 370, or at any other reporting
488	488	thresholds as determined by commission [board] rule for certain
489	489	highly toxic or extremely hazardous substances.
490	490	(c) Each tier two form shall be filed annually with the
491	491	commission, along with the appropriate fee, according to the
492	492	procedures specified by commission [board] rules. [The facility
493	493	operator shall furnish a copy of each tier two form to the fire
494	494	chief of the fire department having jurisdiction over the facility
495	495	and to the appropriate local emergency planning committee.]
496	496	(e) A facility operator shall file the tier two form with
497	497	the commission [department] not later than the 90th day after the
498	498	date on which the operator begins operation or has a reportable
499	499	addition, at the appropriate threshold, of a previously unreported
500	500	hazardous chemical or extremely hazardous substance. [The operator
501	501	shall furnish a copy of each tier two form to the fire chief of the
502	502	fire department having jurisdiction over the facility and to the
503	503	appropriate local emergency planning committee.]
504	504	(e-1) A facility operator shall file an updated tier two
505	505	form with the commission:
506	506	(1) not later than the 90th day after the date on which
507	507	the operator has a change in the chemical weight range, as listed in
508	508	40 CFR Part 370, of a previously reported hazardous chemical or
509	509	extremely hazardous substance; and
510	510	(2) as otherwise required by commission rule.
511	511	(e-2) A facility operator shall furnish a copy of each tier
512	512	two form and updated tier two form filed with the commission under
513	513	this section to the fire chief of the fire department having
514	514	jurisdiction over the facility and to the appropriate local
515	515	emergency planning committee.
516	516	(f) A facility operator shall file a material safety data
517	517	sheet with the commission [department] on the commission's
518	518	[department's] request.
519	519	(g) The commission [department] shall maintain records of
520	520	the tier two forms and other documents filed under this chapter or
521	521	EPCRA for at least 30 years.
522	522	SECTION 29. Chapter 507, Health and Safety Code, is amended
523	523	by adding Section 507.0061 to read as follows:
524	524	Sec. 507.0061. REPORTING FOR FACILITIES STORING AMMONIUM
525	525	NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
526	526	nitrate" and "ammonium nitrate storage facility" have the meanings
527	527	assigned by Section 63.151, Agriculture Code.
528	528	(b) As soon as practicable but not later than 72 hours after
529	529	the commission receives a tier two form reporting the presence of
530	530	ammonium nitrate at an ammonium nitrate storage facility, the
531	531	commission shall furnish a copy of the form to the state fire
532	532	marshal and the Texas Division of Emergency Management. The state
533	533	fire marshal shall furnish a copy of the form to the chief of the
534	534	fire department having jurisdiction over the facility. The Texas
535	535	Division of Emergency Management shall furnish a copy of the form to
536	536	the appropriate local emergency planning committee.
537	537	(c) Notwithstanding Section 507.006(e), the operator of an
538	538	ammonium nitrate storage facility shall file a tier two form with
539	539	the commission not later than 72 hours after the operator:
540	540	(1) begins operation;
541	541	(2) has a reportable addition, at the appropriate
542	542	threshold, of previously unreported ammonium nitrate; or
543	543	(3) has a change in the chemical weight range, as
544	544	listed in 40 CFR Part 370, of previously reported ammonium nitrate.
545	545	(d) An ammonium nitrate storage facility operator shall
546	546	furnish a copy of each tier two form submitted under Subsection (c)
547	547	to the fire chief of the fire department having jurisdiction over
548	548	the facility and to the appropriate local emergency planning
549	549	committee.
550	550	SECTION 30. Section 507.007(b), Health and Safety Code, is
551	551	amended to read as follows:
552	552	(b) A facility operator, on request, shall give the fire
553	553	chief or the local emergency planning committee such additional
554	554	information on types and amounts of hazardous chemicals present at
555	555	a facility as the requestor may need for emergency planning
556	556	purposes. A facility operator, on request, shall give the
557	557	executive director, the fire chief, or the local emergency planning
558	558	committee a copy of the MSDS for any chemical on the tier two form
559	559	furnished under Section 507.006 or for any chemical present at the
560	560	facility.
561	561	SECTION 31. Section 507.008, Health and Safety Code, is
562	562	amended to read as follows:
563	563	Sec. 507.008. COMPLAINTS AND INVESTIGATIONS. On
564	564	presentation of appropriate credentials, an officer or
565	565	representative of the executive director may enter a facility at
566	566	reasonable times to inspect and investigate complaints.
567	567	SECTION 32. Section 507.013, Health and Safety Code, is
568	568	amended to read as follows:
569	569	Sec. 507.013. RULES; FEES. (a) The commission [board] may
570	570	adopt rules and administrative procedures reasonably necessary to
571	571	carry out the purposes of this chapter.
572	572	(b) The commission [board] may authorize the collection of
573	573	annual fees from facility operators for the filing of tier two forms
574	574	required by this chapter. Except as provided by Subsection (d),
575	575	fees may be used only to fund activities under this chapter. The
576	576	fee may not exceed:
577	577	(1) $50 for each required submission having no more
578	578	than 75 hazardous chemicals or hazardous chemical categories; or
579	579	(2) $100 for each required submission having more than
580	580	75 hazardous chemicals or chemical categories.
581	581	(c) To minimize the fees, the commission [board] by rule
582	582	shall provide for consolidated filings of multiple tier two forms
583	583	for facility operators covered by Subsection (b) if each of the tier
584	584	two forms contains fewer than 25 items.
585	585	(d) The commission [department] may use up to 20 percent of
586	586	the fees collected under this section as grants to local emergency
587	587	planning committees to assist them to fulfill their
588	588	responsibilities under EPCRA.
589	589	SECTION 33. Chapter 507, Health and Safety Code, is amended
590	590	by adding Section 507.014 to read as follows:
591	591	Sec. 507.014. ENFORCEMENT. (a) A facility operator may not
592	592	cause, suffer, allow, or permit a violation of this chapter,
593	593	commission rules adopted under this chapter, or an order issued
594	594	under this chapter.
595	595	(b) The commission may enforce this chapter under Chapter 7,
596	596	Water Code, including by issuing an administrative order that
597	597	assesses a penalty or orders a corrective action.
598	598	SECTION 34. Section 5.013(a), Water Code, is amended to
599	599	read as follows:
600	600	(a) The commission has general jurisdiction over:
601	601	(1) water and water rights including the issuance of
602	602	water rights permits, water rights adjudication, cancellation of
603	603	water rights, and enforcement of water rights;
604	604	(2) continuing supervision over districts created
605	605	under Article III, Sections 52(b)(1) and (2), and Article XVI,
606	606	Section 59, of the Texas Constitution;
607	607	(3) the state's water quality program including
608	608	issuance of permits, enforcement of water quality rules, standards,
609	609	orders, and permits, and water quality planning;
610	610	(4) the determination of the feasibility of certain
611	611	federal projects;
612	612	(5) the adoption and enforcement of rules and
613	613	performance of other acts relating to the safe construction,
614	614	maintenance, and removal of dams;
615	615	(6) conduct of the state's hazardous spill prevention
616	616	and control program;
617	617	(7) the administration of the state's program relating
618	618	to inactive hazardous substance, pollutant, and contaminant
619	619	disposal facilities;
620	620	(8) the administration of a portion of the state's
621	621	injection well program;
622	622	(9) the administration of the state's programs
623	623	involving underground water and water wells and drilled and mined
624	624	shafts;
625	625	(10) the state's responsibilities relating to regional
626	626	waste disposal;
627	627	(11) the responsibilities assigned to the commission
628	628	by Chapters 361, 363, 382, [and] 401, 505, 506, and 507, Health and
629	629	Safety Code; and
630	630	(12) any other areas assigned to the commission by
631	631	this code and other laws of this state.
632	632	SECTION 35. Section 7.052, Water Code, is amended by adding
633	633	Subsection (b-4) to read as follows:
634	634	(b-4) The amount of the penalty against a facility operator
635	635	who causes, suffers, allows, or permits a violation of Chapter 505,
636	636	Health and Safety Code, may not exceed $500 a day for each day a
637	637	violation continues with a total not to exceed $5,000 for each
638	638	violation. The amount of a penalty against a facility operator who
639	639	causes, suffers, allows, or permits a violation of Chapter 506 or
640	640	507, Health and Safety Code, may not exceed $50 a day for each day a
641	641	violation continues with a total not to exceed $1,000 for each
642	642	violation.
643	643	SECTION 36. Section 7.102, Water Code, is amended to read as
644	644	follows:
645	645	Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
646	646	allows, or permits a violation of a statute, rule, order, or permit
647	647	relating to Chapter 37 of this code, Chapter 366, 371, [or] 372,
648	648	505, 506, or 507, Health and Safety Code, Subchapter G, Chapter 382,
649	649	Health and Safety Code, or Chapter 1903, Occupations Code, shall be
650	650	assessed for each violation a civil penalty not less than $50 nor
651	651	greater than $5,000 for each day of each violation as the court or
652	652	jury considers proper. A person who causes, suffers, allows, or
653	653	permits a violation of a statute, rule, order, or permit relating to
654	654	any other matter within the commission's jurisdiction to enforce,
655	655	other than violations of Chapter 11, 12, 13, 16, or 36 of this code,
656	656	or Chapter 341, Health and Safety Code, shall be assessed for each
657	657	violation a civil penalty not less than $50 nor greater than $25,000
658	658	for each day of each violation as the court or jury considers
659	659	proper. Each day of a continuing violation is a separate violation.
660	660	SECTION 37. Subchapter E, Chapter 7, Water Code, is amended
661	661	by adding Section 7.1851 to read as follows:
662	662	Sec. 7.1851. VIOLATIONS RELATING TO COMMUNITY
663	663	RIGHT-TO-KNOW LAWS. (a) A person who proximately causes an
664	664	occupational disease or injury to an individual by knowingly
665	665	disclosing false information or knowingly failing to disclose
666	666	hazard information as required by Chapter 505, 506, or 507, Health
667	667	and Safety Code, commits an offense.
668	668	(b) This section does not affect any other right of a person
669	669	to receive compensation under other law.
670	670	(c) An offense under this section is punishable under
671	671	Section 7.187(a)(1)(B).
672	672	SECTION 38. The following provisions of the Health and
673	673	Safety Code are repealed:
674	674	(1) Sections 505.004(2), (5), (6), (14), and (20);
675	675	(2) Sections 505.008(c), 505.010, 505.011, 505.012,
676	676	505.013, and 505.014;
677	677	(3) Sections 506.004(2), (5), (6), (14), and (20);
678	678	(4) Sections 506.008(c), 506.010, 506.011, 506.012,
679	679	506.013, 506.014, 506.015, and 506.016;
680	680	(5) Sections 507.004(2), (5), (6), (14), and (20); and
681	681	(6) Sections 507.007(c), 507.009, 507.010, and
682	682	507.011.
683	683	SECTION 39. (a) Not later than April 1, 2016, the
684	684	commissioner of insurance by rule shall adopt the fire protection
685	685	standards required under Section 63.158, Agriculture Code, as added
686	686	by this Act.
687	687	(b) An ammonium nitrate storage facility operating on
688	688	September 1, 2015, is not required to meet the fire protection
689	689	standards adopted under Section 63.158(c), Agriculture Code, as
690	690	added by this Act, until September 1, 2018.
691	691	SECTION 40. (a) On January 1, 2016, the following are
692	692	transferred to the Texas Commission on Environmental Quality:
693	693	(1) the powers, duties, obligations, and liabilities
694	694	of the Department of State Health Services relating to Chapters
695	695	505, 506, and 507, Health and Safety Code;
696	696	(2) all unobligated and unexpended funds appropriated
697	697	to the Department of State Health Services designated for the
698	698	administration of Chapters 505, 506, and 507, Health and Safety
699	699	Code;
700	700	(3) all equipment and property of the Department of
701	701	State Health Services used solely or primarily for the
702	702	administration of Chapters 505, 506, and 507, Health and Safety
703	703	Code;
704	704	(4) all files and other records of the Department of
705	705	State Health Services kept by the department relating to the
706	706	administration of Chapters 505, 506, and 507, Health and Safety
707	707	Code; and
708	708	(5) employees of the Department of State Health
709	709	Services whose duties relate solely or primarily to the
710	710	administration of Chapters 505, 506, and 507, Health and Safety
711	711	Code.
712	712	(b) A rule adopted by the Department of State Health
713	713	Services that is in effect immediately before January 1, 2016, and
714	714	that relates to Chapters 505, 506, and 507, Health and Safety Code,
715	715	is, on January 1, 2016, a rule of the Texas Commission on
716	716	Environmental Quality and remains in effect until amended or
717	717	repealed by the Texas Commission on Environmental Quality. A
718	718	complaint, investigation, enforcement proceeding, or other
719	719	proceeding pending before the Department of State Health Services
720	720	on January 1, 2016, is continued by that department without change
721	721	in status after the effective date of this Act.
722	722	(c) The Department of State Health Services may agree with
723	723	the Texas Commission on Environmental Quality to transfer any
724	724	property of the department to the commission to implement the
725	725	transfer required by this Act.
726	726	(d) In the period beginning on the effective date of this
727	727	Act and ending on January 1, 2016, the Department of State Health
728	728	Services shall continue to perform functions and activities under
729	729	Chapters 505, 506, and 507, Health and Safety Code, as if those
730	730	chapters had not been amended by this Act, and the former law is
731	731	continued in effect for that purpose.
732	732	SECTION 41. (a) Except as otherwise provided by this Act,
733	733	this Act takes effect September 1, 2015.
734	734	(b) Sections 63.151(3), (4), and (5) and 63.158,
735	735	Agriculture Code, as added by this Act, take effect immediately if
736	736	this Act receives a vote of two-thirds of all the members elected to
737	737	each house, as provided by Section 39, Article III, Texas
738	738	Constitution. If this Act does not receive the vote necessary for
739	739	immediate effect, those sections take effect September 1, 2015.