Bill Text: TX HB2470 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to liability insurance for ammonium nitrate operations; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-07 - Left pending in committee [HB2470 Detail]
Download: Texas-2015-HB2470-Introduced.html
By: Rodriguez of Travis | H.B. No. 2470 |
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relating to liability insurance for ammonium nitrate operations; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 63.152(b), Agriculture Code, is amended | ||
to read as follows: | ||
(b) An application for a registration submitted by an | ||
applicant who owns an ammonium nitrate facility must be: | ||
(1) submitted on a form prescribed by the service that | ||
includes: | ||
(A) the name, address, and telephone number of | ||
each ammonium nitrate facility owned by the applicant; [ |
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(B) the name of the person designated by the | ||
applicant as the point of contact for each facility owned by the | ||
applicant; and | ||
(C) proof of insurance required by Section | ||
63.1525; and | ||
(2) accompanied by a fee in an amount sufficient to | ||
cover the service's costs to administer this subchapter. | ||
SECTION 2. Subchapter I, Chapter 63, Agriculture Code, is | ||
amended by adding Section 63.1525 to read as follows: | ||
Sec. 63.1525. PUBLIC LIABILITY INSURANCE REQUIRED. (a) A | ||
person may not produce, store, transfer, chemically blend, offer | ||
for sale, or sell ammonium nitrate or ammonium nitrate material | ||
unless the person files with the service a public liability | ||
insurance policy issued by an insurance company authorized to | ||
conduct business in this state and considered acceptable by the | ||
Texas Department of Insurance. | ||
(b) The liability insurance policy required by Subsection | ||
(a) must afford bodily injury and property damage protection in an | ||
amount determined by the Texas Department of Insurance to | ||
compensate any person damaged as a result of ammonium nitrate | ||
operations. | ||
(c) A person shall maintain the liability insurance policy | ||
required by this section in effect during: | ||
(1) the term of a certificate of registration issued | ||
to the person under this subchapter; and | ||
(2) any period during which the person is engaged in an | ||
activity described by Subsection (a). | ||
(d) The commissioner of insurance shall coordinate with the | ||
state fire marshal, the Department of State Health Services, the | ||
Office of the Texas State Chemist, and other appropriate state | ||
agencies and officials in studying the risk exposure for activities | ||
related to ammonium nitrate and ammonium nitrate material and | ||
assessing the appropriate liability insurance requirements for a | ||
policy required by Subsection (a) based on risk exposure. In | ||
assessing risk exposure, the commissioner and other agencies and | ||
officials shall consider population density and proximity of the | ||
ammonium nitrate operations to individuals, homes, other | ||
buildings, livestock, and other individuals, places, or creatures | ||
that may suffer damage from ammonium nitrate operations. | ||
SECTION 3. Section 63.154(a), Agriculture Code, is amended | ||
to read as follows: | ||
(a) Before completing a sale of ammonium nitrate or ammonium | ||
nitrate material, a person that engages in those sales shall: | ||
(1) require the person making the purchase to: | ||
(A) display a driver's license or other form of | ||
identification containing the person's photograph; | ||
(B) provide the other personal information | ||
required by Subdivision (2); [ |
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(C) provide proof of insurance required by | ||
Section 63.1525; and | ||
(D) sign for the purchase; and | ||
(2) make a record of the sale, including: | ||
(A) the name of the person making the purchase; | ||
(B) the date of the purchase; | ||
(C) the purchaser's address, date of birth, and | ||
phone number; | ||
(D) the form of identification the purchaser | ||
presented; | ||
(E) whether the purchase is being made on behalf | ||
of another person; and | ||
(F) the amount and brand name of the ammonium | ||
nitrate or ammonium nitrate material purchased. | ||
SECTION 4. Section 63.157, Agriculture Code, is amended by | ||
adding Subsection (c-1) and amending Subsection (d) to read as | ||
follows: | ||
(c-1) A person commits an offense if the person produces, | ||
stores, transfers, chemically blends, offers for sale, or sells | ||
ammonium nitrate or ammonium nitrate material without maintaining | ||
liability insurance as provided by this subchapter. | ||
(d) An offense under Subsection (a), [ |
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Class A misdemeanor. | ||
SECTION 5. Subchapter I, Chapter 63, Agriculture Code, as | ||
amended by this Act, applies only to a person who produces, stores, | ||
transfers, chemically blends, offers for sale, or sells ammonium | ||
nitrate or ammonium nitrate material on or after March 1, 2016. A | ||
person who produces, stores, transfers, chemically blends, offers | ||
for sale, or sells ammonium nitrate or ammonium nitrate material | ||
before March 1, 2016, is governed by the law in effect immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2015. |