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        |  | By: Springer, Isaac, Guillen | H.B. No. 239 | 
      
        |  | (Senate Sponsor - Perry) |  | 
      
        |  | (In the Senate - Received from the House May 6, 2015; | 
      
        |  | May 7, 2015, read first time and referred to Committee on | 
      
        |  | Agriculture, Water, and Rural Affairs; May 12, 2015, reported | 
      
        |  | favorably by the following vote:  Yeas 5, Nays 0, 1 present not | 
      
        |  | voting; May 12, 2015, sent to printer.) | 
| Click here to see the committee vote | 
      
    
    
      
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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
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        |  | relating to storage of flammable liquids at retail service stations | 
      
        |  | in unincorporated areas and certain municipalities. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 753.004, Health and Safety Code, is | 
      
        |  | amended by amending Subsections (d) and (e) and adding Subsection | 
      
        |  | (d-1) to read as follows: | 
      
        |  | (d)  Except as provided by Subsection (d-1), gasoline | 
      
        |  | [ Gasoline], diesel fuel, or kerosene may be stored in an | 
      
        |  | aboveground storage tank [ with a capacity of not more than 4,000  | 
      
        |  | gallons] at a retail service station located in an unincorporated | 
      
        |  | area or in a municipality with a population of less than 5,000. | 
      
        |  | (d-1)  A commissioners court of a county with a population of | 
      
        |  | 3.3 million or more may by order limit the maximum volume of an | 
      
        |  | aboveground storage tank in an unincorporated area of the county in | 
      
        |  | accordance with the county fire code. | 
      
        |  | (e)  Under Subsection (d), a retail service station may have | 
      
        |  | a tank [ not exceeding the specified capacity] for each separate | 
      
        |  | grade of gasoline, diesel fuel, or kerosene, but may not have more | 
      
        |  | than one tank [ of that capacity] for the same grade. | 
      
        |  | SECTION 2.  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, 2015. | 
      
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