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