| 1 | 1 | | 88R4514 ANG-D |
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| 2 | 2 | | By: Miles S.B. No. 1531 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to written objections to the proposed installation or |
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| 8 | 8 | | modification of a stationary LP-Gas installation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter M, Chapter 113, |
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| 11 | 11 | | Natural Resources Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER M. REQUIRED NOTICES; WRITTEN OBJECTION [CONSUMER SAFETY |
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| 13 | 13 | | NOTIFICATION] |
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| 14 | 14 | | SECTION 2. The heading to Section 113.401, Natural |
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| 15 | 15 | | Resources Code, is amended to read as follows: |
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| 16 | 16 | | Sec. 113.401. CONSUMER SAFETY NOTIFICATION [NOTICE |
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| 17 | 17 | | REQUIRED]. |
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| 18 | 18 | | SECTION 3. Subchapter M, Chapter 113, Natural Resources |
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| 19 | 19 | | Code, is amended by adding Sections 113.402 and 113.403 to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | Sec. 113.402. NOTICE FOR CERTAIN STATIONARY LP-GAS |
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| 22 | 22 | | INSTALLATIONS. (a) For a proposed installation or modification of a |
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| 23 | 23 | | stationary LP-gas installation with an aggregate water capacity of |
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| 24 | 24 | | 10,000 gallons or more, the commission shall require the applicant |
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| 25 | 25 | | to mail notice containing the information required by the |
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| 26 | 26 | | commission by registered or certified mail, return receipt |
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| 27 | 27 | | requested, or by an other form of mail that provides proof of |
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| 28 | 28 | | delivery, to all owners of real property situated within 500 feet of |
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| 29 | 29 | | the proposed container location. |
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| 30 | 30 | | (b) The applicant shall maintain a record of the proof of |
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| 31 | 31 | | delivery for a period of time determined by the commission. |
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| 32 | 32 | | (c) The commission may exempt from the requirements of this |
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| 33 | 33 | | section certain installations where LP-gas containers of 10,000 |
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| 34 | 34 | | gallons or more aggregate water capacity are used as fuel storage |
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| 35 | 35 | | supply for asphalt heating. |
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| 36 | 36 | | Sec. 113.403. WRITTEN OBJECTION. (a) Not later than the |
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| 37 | 37 | | 30th day after the date a person receives notice under Section |
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| 38 | 38 | | 113.402, the person may file with the commission written objection |
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| 39 | 39 | | to the application for the proposed installation or modification |
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| 40 | 40 | | that is the subject of the notice. |
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| 41 | 41 | | (b) The written objection shall be made part of the record |
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| 42 | 42 | | and one copy of the written objection shall be furnished to the |
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| 43 | 43 | | operator and the person who filed the objection. |
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| 44 | 44 | | (c) The commission shall notify a person who filed a written |
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| 45 | 45 | | objection under Subsection (a) of any deficiency with the person's |
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| 46 | 46 | | written objection and provide the person 15 days to correct the |
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| 47 | 47 | | deficiency. |
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| 48 | 48 | | SECTION 4. The change in law made by this Act applies only |
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| 49 | 49 | | to an application for the installation or modification of a |
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| 50 | 50 | | stationary LP-gas installation that is filed with the Railroad |
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| 51 | 51 | | Commission of Texas on or after the effective date of this Act. An |
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| 52 | 52 | | application for the installation or modification of a stationary |
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| 53 | 53 | | LP-gas installation that is filed before the effective date of this |
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| 54 | 54 | | Act is governed by the law in effect on the date of filing, and that |
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| 55 | 55 | | law is continued in effect for that purpose. |
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| 56 | 56 | | SECTION 5. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2023. |
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