Texas 2025 - 89th Regular

Texas House Bill HB3866 Compare Versions

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

Old	New	Differences
1	1	89R11716 ANG-D
2	2	By: Landgraf H.B. No. 3866
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the installation and ownership of certain outdoor
10	10	storage containers; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Subchapter I, Chapter 26, Water
13	13	Code, is amended to read as follows:
14	14	SUBCHAPTER I. UNDERGROUND AND ABOVEGROUND STORAGE [TANKS]
15	15	SECTION 2. Section 26.341(b), Water Code, is amended to
16	16	read as follows:
17	17	(b) The legislature declares that it is the policy of this
18	18	state and the purpose of this subchapter to:
19	19	(1) maintain and protect the quality of groundwater
20	20	and surface water resources in the state from certain substances in
21	21	underground and aboveground storage tanks that may pollute
22	22	groundwater and surface water resources;
23	23	(2) require the use of all reasonable methods,
24	24	including risk-based corrective action, to implement this policy;
25	25	[and]
26	26	(3) promote the safety of storage vessels as defined
27	27	in Section 26.3442, by adopting requirements for the design,
28	28	construction, operation, and maintenance of storage vessels, with
29	29	the objective of protecting groundwater and surface water resources
30	30	in the event of accidents and natural disasters; and
31	31	(4) ensure that outdoor storage containers, as defined
32	32	by Section 26.3445, are not located close to private residences.
33	33	SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
34	34	by adding Section 26.3445 to read as follows:
35	35	Sec. 26.3445. LOCATION OF OUTDOOR STORAGE CONTAINERS. (a)
36	36	In this section, "outdoor storage container" means a nonvehicular
37	37	device that is:
38	38	(1) made of nonearthen materials;
39	39	(2) located on or above the surface of the ground and
40	40	not inside a structure;
41	41	(3) located at, or is a part of, a commercial facility,
42	42	including a for-hire storage terminal; and
43	43	(4) designed to contain a regulated substance.
44	44	(b) A person may not install or operate an outdoor storage
45	45	container in a location 2,000 feet or less from a private residence.
46	46	(c) An owner of an outdoor storage container shall register
47	47	the container with the commission not later than the 30th day after
48	48	the date the container is installed or the date the owner acquires
49	49	an installed container from a previous owner. An owner of an
50	50	outdoor storage container that was installed before September 1,
51	51	2025, shall register the container with the commission not later
52	52	than March 1, 2026. An owner of an outdoor storage container
53	53	required to register the container as an aboveground storage tank
54	54	or a storage vessel under this subchapter is not required to
55	55	register the container under this section.
56	56	(d) The commission shall conduct annual on-site inspections
57	57	of outdoor storage containers registered under this subchapter to
58	58	determine compliance with this section. This subsection does not
59	59	limit the commission's ability to inspect a container under other
60	60	state or federal law.
61	61	(e) The commission by rule shall impose a fee for
62	62	registering an outdoor storage container under this section in an
63	63	amount sufficient to recover the reasonable costs of:
64	64	(1) implementing the registration program; and
65	65	(2) inspecting registered facilities.
66	66	(f) An outdoor storage container is exempt from the
67	67	application of this section if the container is:
68	68	(1) a farm or residential tank with a capacity of 1,100
69	69	gallons or less used for storing motor fuel for noncommercial
70	70	purposes;
71	71	(2) used for storing heating oil for consumptive use
72	72	on the premises where stored;
73	73	(3) a septic tank;
74	74	(4) a surface impoundment, pit, pond, or lagoon;
75	75	(5) a storm water or waste water collection system;
76	76	(6) a flow-through process tank;
77	77	(7) a tank, liquid trap, gathering line, or other
78	78	facility used in connection with an activity associated with the
79	79	exploration, development, or production of oil, gas, or geothermal
80	80	resources, or any other activity regulated by the Railroad
81	81	Commission of Texas under Section 91.101, Natural Resources Code;
82	82	or
83	83	(8) a transformer or other electrical equipment that
84	84	contains a regulated substance and that is used in the transmission
85	85	of electricity, to the extent that such a transformer or equipment
86	86	is exempted by the United States Environmental Protection Agency
87	87	under 40 C.F.R. Part 280.
88	88	(g) This section does not limit the authority of a
89	89	municipality to adopt an ordinance prohibiting the installation or
90	90	operation of an outdoor storage container in a location more than
91	91	2,000 feet from a private residence.
92	92	SECTION 4. Notwithstanding Section 26.3445, Water Code, as
93	93	added by this Act, an owner of an outdoor storage container, as
94	94	defined by Section 26.3445(a), Water Code, as added by this Act, is
95	95	not required to register the container before March 1, 2026.
96	96	SECTION 5. This Act takes effect September 1, 2025.