88R12801 ANG-D
By: Allen H.B. No. 3982
A BILL TO BE ENTITLED
AN ACT
relating to notice and safety requirements applicable to certain
LP-Gas containers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 113, Natural Resources
Code, is amended by adding Section 113.085 to read as follows:
Sec. 113.085. NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT
REVIEW; HEARING. (a) For a proposed installation or modification
of an LP-gas container located at a bulk storage terminal, as
defined by Section 26.3442, Water Code, the commission shall
require the applicant to mail a notice to:
(1) all owners of real property located 150 yards or
less from the location of the proposed installation or modification
activities; and
(2) the state representative of the state legislative
district in which the installation or modification activities are
proposed to be performed.
(b) The notice must:
(1) contain information about the proposed
installation or modification activities as required by the
commission; and
(2) be sent by registered or certified mail, return
receipt requested, or by another form of mail that provides proof of
delivery.
(c) A person who resides in a residence located 150 yards or
less from the location of the proposed installation or modification
activities may request that the commission, in cooperation with the
applicant, hold a public hearing in the county in which the
installation or modification activities are proposed to be
performed to:
(1) inform the public about the application; and
(2) obtain public input regarding the application.
SECTION 2. Chapter 113, Natural Resources Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. SAFETY STANDARDS FOR CERTAIN LP-GAS CONTAINERS
Sec. 113.451. APPLICABILITY. This subchapter applies only
to an LP-gas container located at a bulk storage terminal as defined
by Section 26.3442, Water Code.
Sec. 113.452. LEAK DETECTION AND REPAIR PROTOCOL. The
commission shall establish a leak detection and repair protocol to
protect a surrounding community from the release of substances from
an LP-gas container at a bulk storage terminal in the event of an
accident or natural disaster. The protocol must include:
(1) periodic monitoring of each LP-gas container to
identify any leaks or necessary repairs; and
(2) identification of a public notification system the
facility may use to notify persons who reside 150 yards or less from
the LP-gas container of an emergency.
Sec. 113.453. RISK MANAGEMENT PLAN. A license holder that
operates an LP-gas container at a bulk storage terminal shall
develop a risk management plan and post the risk management plan on
the facility's publicly available Internet website.
Sec. 113.454. EMERGENCY RESPONSE PLAN. A license holder
that operates an LP-gas container at a bulk storage terminal shall
develop an emergency response plan. The emergency response plan
must:
(1) identify the person to notify in the event of an
emergency;
(2) describe the types of incidents for which the fire
department must be notified, including leaks, fire, or damage to an
LP-gas container; and
(3) describe the method by which the community will be
notified of an emergency.
Sec. 113.455. COMMUNITY OUTREACH. A license holder that
operates an LP-gas container at a bulk storage terminal shall
provide to persons who reside 150 yards or less from the LP-gas
container:
(1) annual updates regarding the status of the
container; and
(2) information regarding safety protocols to be
followed in an emergency.
SECTION 3. This Act takes effect September 1, 2023.