HBA-MPA, KSM H.B. 473 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 473
By: Dukes
Environmental Regulation
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the potential for accidents exists when gasoline "tank farms"
and other hazardous storage facilities are constructed in close proximity
to a residential neighborhood.  The locations of these storage facilities
pose health risks to nearby residents.  H.B. 473 prevents these facilities
from being built within five miles of a residential area and prevents the
construction of housing within five miles of an existing storage facility,
creating a buffer zone to protect residents from possible environmental
harm. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 361, Health and Safety Code, by
adding Section 361.1025, as follows: 

Sec. 361.1025.  RESTRICTION ON LOCATION OF CERTAIN STORAGE FACILITIES.
Prohibits a person from constructing a hazardous waste or substance storage
facility within five miles of a school or place of business or worship
existing at the time construction of the facility begins, irrespective of
Section 361.102 (Prohibition on Permit for Hazardous Waste Management
Facilities Within a Certain Distance of Residence, Church, School, Day Care
Center, Park, or Public Drinking Water Supply).  Authorizes a court with
jurisdiction to prohibit by injunction the violation or threatened
violation of this section.  Provides for venue in the county where the
facility would be located.  Authorizes the county attorney or other
attorney representing that county or the attorney general to initiate the
action. 

SECTION 2.  Amends Chapter 753, Health and Safety Code, by adding Section
753.0041, as follows: 

Sec. 753.0041.  RESTRICTION ON LOCATION OF BULK FUEL STORAGE FACILITY.
Prohibits a person from constructing a bulk fuel storage facility for
storing gasoline, diesel fuel, aviation fuel, or kerosene in one or more
aboveground storage tanks with a total capacity of 500,000 gallons or more,
within five miles of a school or place of business or worship existing at
the time construction of the facility begins.  Authorizes a court with
jurisdiction  to enjoin by injunction the violation or threatened violation
of this section. Provides for venue in the county where the facility would
be located.  Authorizes the county attorney or other attorney representing
the county or the attorney general to initiate the action. 

SECTION 3.  Effective date:  September 1, 1999.  
                       Makes application of this Act prospective.

SECTION 4.  Emergency clause.