Bill Text: TX HB942 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the storage of certain hazardous chemicals; transferring enforcement of certain reporting requirements, including the imposition of criminal, civil, and administrative penalties, from the Department of State Health Services to the Texas Commission on Environmental Quality; amending provisions subject to a criminal penalty; reenacting a criminal offense.

Spectrum: Slight Partisan Bill (Republican 11-4)

Status: (Passed) 2015-06-16 - See remarks for effective date [HB942 Detail]

Download: Texas-2015-HB942-Enrolled.html
 
 
  H.B. No. 942
 
 
 
 
AN ACT
  relating to the storage of certain hazardous chemicals;
  transferring enforcement of certain reporting requirements,
  including the imposition of criminal, civil, and administrative
  penalties, from the Department of State Health Services to the
  Texas Commission on Environmental Quality; amending provisions
  subject to a criminal penalty; reenacting a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 63.151, Agriculture Code, is amended by
  adding Subdivisions (3), (4), and (5) to read as follows:
               (3)  "Ammonium nitrate storage facility" means a
  facility that stores ammonium nitrate material or ammonium nitrate
  to be used in ammonium nitrate material and includes the premises on
  which a facility is located.
               (4)  "Fire marshal" means the state fire marshal or a
  local fire marshal, fire chief, or volunteer fire chief having
  jurisdiction over the area in which an ammonium nitrate storage
  facility is located.
               (5)  "Operator" means the person who controls the
  day-to-day operations of an ammonium nitrate storage facility.
         SECTION 2.  Subchapter I, Chapter 63, Agriculture Code, is
  amended by adding Section 63.158 to read as follows:
         Sec. 63.158.  FIRE PREVENTION AT AMMONIUM NITRATE STORAGE
  FACILITIES. (a) The owner or operator of an ammonium nitrate
  storage facility shall, on request, at a reasonable time:
               (1)  allow a fire marshal to enter the facility to make
  a thorough examination of the facility; and
               (2)  allow the local fire department access to the
  facility to perform a pre-fire planning assessment.
         (b)  A fire marshal who determines the presence of one or
  more of the following hazardous conditions that endangers the
  safety of a structure or its occupants by promoting or causing fire
  or combustion shall notify the owner or operator of the facility of
  the need to correct the condition.  The hazardous conditions are:
               (1)  the presence of a flammable substance;
               (2)  a dangerous or dilapidated wall, ceiling, or other
  structural element;
               (3)  improper electrical components, heating, or other
  building services or facilities;
               (4)  the presence of a dangerous chimney, flue, pipe,
  main, or stove, or of dangerous wiring;
               (5)  the dangerous storage of substances other than
  ammonium nitrate or ammonium nitrate material, including storage or
  use of hazardous substances; or
               (6)  inappropriate means of egress, fire protection, or
  other fire-related safeguard.
         (c)  The owner or operator of an ammonium nitrate storage
  facility shall:
               (1)  on request by a fire marshal or the service provide
  evidence of compliance with:
                     (A)  Chapter 505 or 507, Health and Safety Code,
  as applicable; and
                     (B)  United States Department of Homeland
  Security registration requirements;
               (2)  post National Fire Protection Association 704
  warning placards on the outside of the storage area;
               (3)  store ammonium nitrate or ammonium nitrate
  material:
                     (A)  in a fertilizer storage compartment or bin
  constructed of wood, metal, or concrete that is protected against
  impregnation by the ammonium nitrate or ammonium nitrate material;
  and
                     (B)  separately from any non-fertilizer
  materials; and
               (4)  separate ammonium nitrate or ammonium nitrate
  material from combustible or flammable material by 30 feet or more.
         (d)  A fire marshal who identifies the existence of a
  hazardous condition under Subsection (b) or a violation of
  Subsection (a) or (c) shall notify the service of the condition or
  violation.
         (e)  If notified by a fire marshal of a hazardous condition
  under Subsection (b), the service may direct the owner or operator
  of the facility to correct the condition.
         (f)  If notified by the fire marshal of a violation of
  Subsection (a) or (c), the service shall:
               (1)  direct the owner or operator of the facility to
  correct the violation as provided by Subsection (g); or
               (2)  take appropriate enforcement action as authorized
  by this chapter. 
         (g)  If directed by the service to correct a hazardous
  condition or a violation, an owner or operator shall remedy the
  condition or violation before the expiration of a period specified
  by the service, which may not exceed 10 days. If the service
  determines that the condition or violation has not been remedied
  before the expiration of the specified period, the service shall
  take appropriate enforcement action as authorized by this chapter.
         (h)  Section 419.909(b), Government Code, does not apply to
  an examination of an ammonium nitrate storage facility by a fire
  marshal under this section.
         SECTION 3.  Section 505.002(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  It is the intent and purpose of this chapter to ensure
  that accessibility to information regarding hazardous chemicals is
  provided to:
               (1)  fire departments responsible for dealing with
  chemical hazards during an emergency;
               (2)  local emergency planning committees and other
  emergency planning organizations; and
               (3)  the commission [department] to make the
  information available to the public through specific procedures.
         SECTION 4.  Section 505.004, Health and Safety Code, is
  amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
  No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
  amending Subdivisions (12) and (23) to read as follows:
               (3-a)  "Commission" ["Commissioner"] means the Texas
  Commission on Environmental Quality [commissioner of state health
  services].
               (8-a)  "Executive director" ["Executive commissioner"]
  means the executive director of the commission [executive
  commissioner of the Health and Human Services Commission].
               (12)  "Fire chief" means the [elected or paid]
  administrative head of a fire department, including a volunteer
  fire department.
               (23)  "Tier two form" means:
                     (A)  a form specified by the commission
  [department] under Section 505.006 for listing hazardous chemicals
  as required by EPCRA; or
                     (B)  a form accepted by the EPA under EPCRA for
  listing hazardous chemicals together with additional information
  required by the commission [department] for administering its
  functions related to EPCRA.
         SECTION 5.  Section 505.005(d), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (d)  The commission [department] shall develop and implement
  an outreach program concerning the public's ability to obtain
  information under this chapter similar to the outreach program
  under Section 502.008.
         SECTION 6.  Section 505.006, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (f), as amended by
  S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
  amending Subsections (e) and (g), and adding Subsections (e-1) and
  (e-2) to read as follows:
         (a)  For the purpose of community right-to-know, a facility
  operator covered by this chapter shall compile and maintain a tier
  two form that contains information on hazardous chemicals present
  in the facility in quantities that meet or exceed thresholds
  determined by the EPA in 40 CFR Part 370, or at any other reporting
  thresholds as determined by commission [department] rule for
  certain highly toxic or extremely hazardous substances.
         (c)  Each tier two form shall be filed annually with the
  commission, along with the appropriate fee, according to the
  procedures specified by commission [department] rules. [The
  facility operator shall furnish a copy of each tier two form to the
  fire chief of the fire department having jurisdiction over the
  facility and to the appropriate local emergency planning
  committee.]
         (e)  Except as provided by Section 505.0061(c), a [A]
  facility operator shall file the tier two form with the commission
  [department] not later than the 90th day after the date on which the
  operator begins operation or has a reportable addition, at the
  appropriate threshold, of a previously unreported hazardous
  chemical or extremely hazardous substance.
         (e-1)  Except as provided by Section 505.0061(c), a facility
  operator shall file an updated tier two form with the commission:
               (1)  not later than the 90th day after the date on which
  the operator has a change in the chemical weight range, as listed in
  40 C.F.R. Part 370, of a previously reported hazardous chemical or
  extremely hazardous substance; and
               (2)  as otherwise required by commission rule.
         (e-2)  A facility operator shall furnish a copy of each tier
  two form and updated tier two form filed with the commission under
  this section to the fire chief of the fire department having
  jurisdiction over the facility and to the appropriate local
  emergency planning committee. [The operator shall furnish a copy
  of each tier two form to the fire chief of the fire department
  having jurisdiction over the facility and to the appropriate local
  emergency planning committee.]
         (f)  A facility operator shall file a safety data sheet with
  the commission [department] on the commission's [department's]
  request.
         (g)  The commission [department] shall maintain records of
  the tier two forms and other documents filed under this chapter or
  EPCRA for at least 30 years.
         SECTION 7.  Chapter 505, Health and Safety Code, is amended
  by adding Section 505.0061 to read as follows:
         Sec. 505.0061.  REPORTING FOR FACILITIES STORING AMMONIUM
  NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
  nitrate" and "ammonium nitrate storage facility" have the meanings
  assigned by Section 63.151, Agriculture Code.
         (b)  As soon as practicable but not later than 72 hours after
  the commission receives a tier two form reporting the presence of
  ammonium nitrate at an ammonium nitrate storage facility, the
  commission shall furnish a copy of the form to the state fire
  marshal and the Texas Division of Emergency Management. The state
  fire marshal shall furnish a copy of the form to the chief of the
  fire department having jurisdiction over the facility. The Texas
  Division of Emergency Management shall furnish a copy of the form to
  the appropriate local emergency planning committee.
         (c)  The operator of an ammonium nitrate storage facility
  shall file:
               (1)  a tier two form with the commission not later than
  72 hours after the operator:
                     (A)  begins operation; or
                     (B)  has a reportable addition, at the appropriate
  threshold, of previously unreported ammonium nitrate; and
               (2)  an updated tier two form not later than 72 hours
  after the operator has a change in the chemical weight range, as
  listed in 40 C.F.R. Part 370, of previously reported ammonium
  nitrate.
         SECTION 8.  Sections 505.007(c) and (d), Health and Safety
  Code, are amended to read as follows:
         (c)  Any facility that has received five requests under
  Subsection (a) in a calendar month, four requests in a calendar
  month for two or more months in a row, or more than 10 requests in a
  year may elect to furnish the material to the commission
  [department].
         (d)  Any facility electing to furnish the material to the
  commission [department] under Subsection (c) may during that same
  filing period inform persons making requests under Subsection (a)
  of the availability of the information at the commission
  [department] and refer the request to the commission [department]
  for that filing period. The notice to persons making requests shall
  state the address of the commission [department] and shall be
  mailed within seven days of the date of receipt of the request, if
  by mail, and at the time of the request if in person.
         SECTION 9.  Section 505.008(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  A facility operator, on request, shall give the fire
  chief or the local emergency planning committee such additional
  information on types and amounts of hazardous chemicals present at
  a facility as the requestor may need for emergency planning
  purposes. A facility operator, on request, shall give the
  executive director [commissioner], the fire chief, or the local
  emergency planning committee a copy of the SDS for any chemical on
  the tier two form furnished under Section 505.006 or for any
  chemical present at the facility.
         SECTION 10.  Section 505.009, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 505.009.  COMPLAINTS AND INVESTIGATIONS. On
  presentation of appropriate credentials, a commission [department]
  representative may enter a facility at reasonable times to inspect
  and investigate complaints.
         SECTION 11.  Section 505.016, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 505.016.  RULES; FEES. (a)  The commission [executive
  commissioner] may adopt rules and administrative procedures
  reasonably necessary to carry out the purposes of this chapter.
         (b)  The commission [executive commissioner] by rule may
  authorize the collection of annual fees from facility operators for
  the filing of tier two forms required by this chapter. Except as
  provided by Subsection (d), fees may be used only to fund activities
  under this chapter. The fee for facilities may not exceed:
               (1)  $100 for each required submission having no more
  than 25 hazardous chemicals or hazardous chemical categories;
               (2)  $200 for each required submission having no more
  than 50 hazardous chemicals or hazardous chemical categories;
               (3)  $300 for each required submission having no more
  than 75 hazardous chemicals or hazardous chemical categories;
               (4)  $400 for each required submission having no more
  than 100 hazardous chemicals or hazardous chemical categories; or
               (5)  $500 for each required submission having more than
  100 hazardous chemicals or chemical categories.
         (c)  To minimize the fees, the commission [executive
  commissioner] by rule shall provide for consolidated filings of
  multiple tier two forms for facility operators covered by
  Subsection (b) if each of the tier two forms contains fewer than 25
  items.
         (d)  The commission [department] may use up to 20 percent of
  the fees collected under this section as grants to local emergency
  planning committees to assist them to fulfill their
  responsibilities under EPCRA. An amount not to exceed [The
  department may use up to] 15 percent of the fees collected under
  this chapter and Chapter 506, or 15 percent of the amount of fees
  paid by the state and its political subdivisions under Chapter 506,
  whichever is greater, may be used by the Department of State Health
  Services to administer Chapter 502.
         SECTION 12.  Chapter 505, Health and Safety Code, is amended
  by adding Section 505.018 to read as follows:
         Sec. 505.018.  ENFORCEMENT. (a) A facility operator may not
  violate this chapter, commission rules adopted under this chapter,
  or an order issued under this chapter.
         (b)  The commission may enforce this chapter under Chapter 7,
  Water Code, including by issuing an administrative order that
  assesses a penalty or orders a corrective action.
         SECTION 13.  Section 506.002(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  It is the intent and purpose of this chapter to ensure
  that accessibility to information regarding hazardous chemicals
  [chemical] is provided to:
               (1)  fire departments responsible for dealing with
  chemical hazards during an emergency;
               (2)  local emergency planning committees and other
  emergency planning organizations; and
               (3)  the commission [department] to make the
  information available to the public through specific procedures.
         SECTION 14.  Section 506.004, Health and Safety Code, is
  amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
  No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
  amending Subdivisions (12) and (24) to read as follows:
               (3-a)  "Commission" ["Commissioner"] means the Texas
  Commission on Environmental Quality [commissioner of state health
  services].
               (8-a)  "Executive director" ["Executive commissioner"]
  means the executive director of the commission [executive
  commissioner of the Health and Human Services Commission].
               (12)  "Fire chief" means the [elected or paid]
  administrative head of a fire department, including a volunteer
  fire department.
               (24)  "Tier two form" means:
                     (A)  a form specified by the commission
  [department] under Section 506.006 for listing hazardous chemicals
  as required by EPCRA; or
                     (B)  a form accepted by the EPA under EPCRA for
  listing hazardous chemicals together with additional information
  required by the commission [department] for administering its
  functions related to EPCRA.
         SECTION 15.  Section 506.005(d), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (d)  The commission [department] shall develop and implement
  an outreach program concerning the public's ability to obtain
  information under this chapter similar to the outreach program
  under Section 502.008.
         SECTION 16.  Section 506.006, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (e), as amended by
  S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
  amending Subsections (d) and (f), and adding Subsections (d-1) and
  (d-2) to read as follows:
         (a)  For the purpose of community right-to-know, a facility
  operator covered by this chapter shall compile and maintain a tier
  two form that contains information on hazardous chemicals present
  in the facility in quantities that meet or exceed thresholds
  determined by the EPA in 40 CFR Part 370, or at any other reporting
  thresholds as determined by commission [department] rule for
  certain highly toxic or extremely hazardous substances.
         (c)  Each tier two form shall be filed annually with the
  commission, along with the appropriate fee, according to the
  procedures specified by commission [department] rules. [The
  facility operator shall furnish a copy of each tier two form to the
  fire chief of the fire department having jurisdiction over the
  facility and to the appropriate local emergency planning
  committee.]
         (d)  A facility operator shall file the tier two form with
  the commission [department] not later than the 90th day after the
  date on which the operator begins operation or has a reportable
  addition, at the appropriate threshold, of a previously unreported
  hazardous chemical or extremely hazardous substance, but a fee may
  not be associated with filing this report.
         (d-1)  A facility operator shall file an updated tier two
  form with the commission:
               (1)  not later than the 90th day after the date on which
  the operator has a change in the chemical weight range, as listed in
  40 C.F.R. Part 370, of a previously reported hazardous chemical or
  extremely hazardous substance; and
               (2)  as otherwise required by commission rule.
         (d-2)  A facility operator shall furnish a copy of each tier
  two form and updated tier two form filed with the commission under
  this section to the fire chief of the fire department having
  jurisdiction over the facility and to the appropriate local
  emergency planning committee. [The operator shall furnish a copy
  of each tier two form to the fire chief of the fire department
  having jurisdiction over the facility and to the appropriate local
  emergency planning committee.]
         (e)  A facility operator shall file a safety data sheet with
  the commission [department] on the commission's [department's]
  request.
         (f)  The commission [department] shall maintain records of
  the tier two forms and other documents filed under this chapter or
  EPCRA for at least 30 years.
         SECTION 17.  Sections 506.007(c) and (d), Health and Safety
  Code, are amended to read as follows:
         (c)  Any facility that has received five requests under
  Subsection (a) in a calendar month, four requests in a calendar
  month for two or more months in a row, or more than 10 requests in a
  year may elect to furnish the material to the commission
  [department].
         (d)  Any facility electing to furnish the material to the
  commission [department] under Subsection (c) may during that same
  filing period inform persons making requests under Subsection (a)
  of the availability of the information at the commission
  [department] and refer the request to the commission [department]
  for that filing period. The notice to persons making requests shall
  state the address of the commission [department] and shall be
  mailed within seven days of the date of receipt of the request, if
  by mail, and at the time of the request if in person.
         SECTION 18.  Section 506.008(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  A facility operator, on request, shall give the fire
  chief or the local emergency planning committee such additional
  information on types and amounts of hazardous chemicals present at
  a facility as the requestor may need for emergency planning
  purposes. A facility operator, on request, shall give the
  executive director [commissioner], the fire chief, or the local
  emergency planning committee a copy of the SDS for any chemical on
  the tier two form furnished under Section 506.006 or for any
  chemical present at the facility.
         SECTION 19.  Section 506.009, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 506.009.  COMPLAINTS AND INVESTIGATIONS. On
  presentation of appropriate credentials, a commission [department]
  representative may enter a facility at reasonable times to inspect
  and investigate complaints.
         SECTION 20.  Section 506.017, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 506.017.  RULES; FEES. (a) The commission [executive
  commissioner] may adopt rules and administrative procedures
  reasonably necessary to carry out the purposes of this chapter.
         (b)  The commission [executive commissioner] by rule may
  authorize the collection of annual fees from facility operators for
  the filing of tier two forms required by this chapter. The fee may
  not exceed:
               (1)  $50 for each required submission having no more
  than 75 hazardous chemicals or hazardous chemical categories; or
               (2)  $100 for each required submission having more than
  75 hazardous chemicals or chemical categories.
         (c)  To minimize the fees, the commission [executive
  commissioner] by rule shall provide for consolidated filings of
  multiple tier two forms for facility operators covered by
  Subsection (b) if each of the tier two forms contains fewer than 25
  items.
         (d)  The commission may use up to 20 percent of the fees
  collected under this section as grants to local emergency planning
  committees to assist them to fulfill their responsibilities under
  EPCRA. An amount not to exceed [The department may use up to] 15
  percent of the fees collected under Chapter 505 and this chapter, or
  15 percent of the amount of fees paid by the state and its political
  subdivisions under this chapter, whichever is greater, may be used
  by the Department of State Health Services to administer Chapter
  502.
         SECTION 21.  Chapter 506, Health and Safety Code, is amended
  by adding Section 506.018 to read as follows:
         Sec. 506.018.  ENFORCEMENT. (a) A facility operator may not
  violate this chapter, commission rules adopted under this chapter,
  or an order issued under this chapter.
         (b)  The commission may enforce this chapter under Chapter 7,
  Water Code, including by issuing an administrative order that
  assesses a penalty or orders a corrective action.
         SECTION 22.  Section 507.002(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  It is the intent and purpose of this chapter to ensure
  that accessibility to information regarding hazardous chemicals is
  provided to:
               (1)  fire departments responsible for dealing with
  chemical hazards during an emergency;
               (2)  local emergency planning committees and other
  emergency planning organizations; and
               (3)  the commission [department] to make the
  information available to the public through specific procedures.
         SECTION 23.  Section 507.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 507.003.  FEDERAL LAWS AND REGULATIONS. (a) In this
  chapter, a reference to a federal law or regulation means a
  reference to the most current version of that law or regulation.
         (b)  In this chapter, a reference to the North American
  Industry Classification System (NAICS) means a reference to the
  most current version of that system.
         SECTION 24.  Section 507.004, Health and Safety Code, is
  amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
  No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
  amending Subdivisions (10), (12), and (23) to read as follows:
               (3-a)  "Commission" ["Commissioner"] means the Texas
  Commission on Environmental Quality [commissioner of state health
  services].
               (8-a)  "Executive director" ["Executive commissioner"]
  means the executive director of the commission [executive
  commissioner of the Health and Human Services Commission].
               (10)  "Facility" means all buildings, equipment,
  structures, and other stationary items that are located on a single
  site or on contiguous or adjacent sites and that are owned or
  operated by the same person or by any person who controls, is
  controlled by, or is under common control with that person, and that
  is in North American Industry Classification System (NAICS) Codes
  11-23 or Codes 42-92. The term does not include a facility subject
  to Chapter [505 or] 506.
               (12)  "Fire chief" means the [elected or paid]
  administrative head of a fire department, including a volunteer
  fire department.
               (23)  "Tier two form" means:
                     (A)  a form specified by the commission
  [department] under Section 507.006 for listing hazardous chemicals
  as required by EPCRA; or
                     (B)  a form accepted by the EPA under EPCRA for
  listing hazardous chemicals together with additional information
  required by the commission [department] for administering its
  functions related to EPCRA.
         SECTION 25.  Section 507.005, Health and Safety Code, is
  amended by amending Subsection (a) and amending Subsection (d), as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, to read as follows:
         (a)  Facility operators whose facilities are in North
  American Industry Classification System (NAICS) Codes 11-23 or
  NAICS Codes 42-92 and who are not subject to Chapter [505 or] 506
  shall comply with this chapter.
         (d)  The commission [department] shall develop and implement
  an outreach program concerning the public's ability to obtain
  information under this chapter similar to the outreach program
  under Section 502.008.
         SECTION 26.  Section 507.006, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (f), as amended by
  S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
  amending Subsections (e) and (g), and adding Subsections (e-1) and
  (e-2) to read as follows:
         (a)  For the purpose of community right-to-know, a facility
  operator covered by this chapter shall compile and maintain a tier
  two form that contains information on hazardous chemicals present
  in the facility in quantities that meet or exceed thresholds
  determined by the EPA in 40 CFR Part 370, or at any other reporting
  thresholds as determined by commission [department] rule for
  certain highly toxic or extremely hazardous substances.
         (c)  Each tier two form shall be filed annually with the
  commission, along with the appropriate fee, according to the
  procedures specified by commission [department] rules. [The
  facility operator shall furnish a copy of each tier two form to the
  fire chief of the fire department having jurisdiction over the
  facility and to the appropriate local emergency planning
  committee.]
         (e)  Except as provided by Section 507.0061(c), a [A]
  facility operator shall file the tier two form with the commission
  [department] not later than the 90th day after the date on which the
  operator begins operation or has a reportable addition, at the
  appropriate threshold, of a previously unreported hazardous
  chemical or extremely hazardous substance.
         (e-1)  Except as provided by Section 507.0061(c), a facility
  operator shall file an updated tier two form with the commission:
               (1)  not later than the 90th day after the date on which
  the operator has a change in the chemical weight range, as listed in
  40 C.F.R. Part 370, of a previously reported hazardous chemical or
  extremely hazardous substance; and
               (2)  as otherwise required by commission rule.
         (e-2)  A facility operator shall furnish a copy of each tier
  two form and updated tier two form filed with the commission under
  this section to the fire chief of the fire department having
  jurisdiction over the facility and to the appropriate local
  emergency planning committee. [The operator shall furnish a copy
  of each tier two form to the fire chief of the fire department
  having jurisdiction over the facility and to the appropriate local
  emergency planning committee.]
         (f)  A facility operator shall file a safety data sheet with
  the commission [department] on the commission's [department's]
  request.
         (g)  The commission [department] shall maintain records of
  the tier two forms and other documents filed under this chapter or
  EPCRA for at least 30 years.
         SECTION 27.  Chapter 507, Health and Safety Code, is amended
  by adding Section 507.0061 to read as follows:
         Sec. 507.0061.  REPORTING FOR FACILITIES STORING AMMONIUM
  NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
  nitrate" and "ammonium nitrate storage facility" have the meanings
  assigned by Section 63.151, Agriculture Code.
         (b)  As soon as practicable but not later than 72 hours after
  the commission receives a tier two form reporting the presence of
  ammonium nitrate at an ammonium nitrate storage facility, the
  commission shall furnish a copy of the form to the state fire
  marshal and the Texas Division of Emergency Management. The state
  fire marshal shall furnish a copy of the form to the chief of the
  fire department having jurisdiction over the facility. The Texas
  Division of Emergency Management shall furnish a copy of the form to
  the appropriate local emergency planning committee.
         (c)  The operator of an ammonium nitrate storage facility
  shall file:
               (1)  a tier two form with the commission not later than
  72 hours after the operator:
                     (A)  begins operation; or
                     (B)  has a reportable addition, at the appropriate
  threshold, of previously unreported ammonium nitrate; and
               (2)  an updated tier two form with the commission not
  later than 72 hours after the operator has a change in the chemical
  weight range, as listed in 40 C.F.R. Part 370, of previously
  reported ammonium nitrate.
         SECTION 28.  Section 507.007(b), Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  A facility operator, on request, shall give the fire
  chief or the local emergency planning committee such additional
  information on types and amounts of hazardous chemicals present at
  a facility as the requestor may need for emergency planning
  purposes. A facility operator, on request, shall give the
  executive director [commissioner], the fire chief, or the local
  emergency planning committee a copy of the SDS for any chemical on
  the tier two form furnished under Section 507.006 or for any
  chemical present at the facility.
         SECTION 29.  Section 507.008, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 507.008.  COMPLAINTS AND INVESTIGATIONS. On
  presentation of appropriate credentials, a commission [department]
  representative may enter a facility at reasonable times to inspect
  and investigate complaints.
         SECTION 30.  Section 507.013, Health and Safety Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 507.013.  RULES; FEES. (a) The commission [executive
  commissioner] may adopt rules and administrative procedures
  reasonably necessary to carry out the purposes of this chapter.
         (b)  The commission [executive commissioner] by rule may
  authorize the collection of annual fees from facility operators for
  the filing of tier two forms required by this chapter. Except as
  provided by Subsection (d), fees may be used only to fund activities
  under this chapter. The fee may not exceed:
               (1)  $50 for each required submission having no more
  than 75 hazardous chemicals or hazardous chemical categories; or
               (2)  $100 for each required submission having more than
  75 hazardous chemicals or chemical categories.
         (c)  To minimize the fees, the commission [executive
  commissioner] by rule shall provide for consolidated filings of
  multiple tier two forms for facility operators covered by
  Subsection (b) if each of the tier two forms contains fewer than 25
  items.
         (d)  The commission [department] may use up to 20 percent of
  the fees collected under this section as grants to local emergency
  planning committees to assist them to fulfill their
  responsibilities under EPCRA.
         SECTION 31.  Chapter 507, Health and Safety Code, is amended
  by adding Section 507.014 to read as follows:
         Sec. 507.014.  ENFORCEMENT. (a) A facility operator may not
  violate this chapter, commission rules adopted under this chapter,
  or an order issued under this chapter.
         (b)  The commission may enforce this chapter under Chapter 7,
  Water Code, including by issuing an administrative order that
  assesses a penalty or orders a corrective action.
         SECTION 32.  Section 5.013(a), Water Code, is amended to
  read as follows:
         (a)  The commission has general jurisdiction over:
               (1)  water and water rights including the issuance of
  water rights permits, water rights adjudication, cancellation of
  water rights, and enforcement of water rights;
               (2)  continuing supervision over districts created
  under Article III, Sections 52(b)(1) and (2), and Article XVI,
  Section 59, of the Texas Constitution;
               (3)  the state's water quality program including
  issuance of permits, enforcement of water quality rules, standards,
  orders, and permits, and water quality planning;
               (4)  the determination of the feasibility of certain
  federal projects;
               (5)  the adoption and enforcement of rules and
  performance of other acts relating to the safe construction,
  maintenance, and removal of dams;
               (6)  conduct of the state's hazardous spill prevention
  and control program;
               (7)  the administration of the state's program relating
  to inactive hazardous substance, pollutant, and contaminant
  disposal facilities;
               (8)  the administration of a portion of the state's
  injection well program;
               (9)  the administration of the state's programs
  involving underground water and water wells and drilled and mined
  shafts;
               (10)  the state's responsibilities relating to regional
  waste disposal;
               (11)  the responsibilities assigned to the commission
  by Chapters 361, 363, 382, [and] 401, 505, 506, and 507, Health and
  Safety Code; and
               (12)  any other areas assigned to the commission by
  this code and other laws of this state.
         SECTION 33.  Section 7.052, Water Code, is amended by adding
  Subsection (b-4) to read as follows:
         (b-4)  The amount of the penalty against a facility operator
  who violates Chapter 505, Health and Safety Code, or a rule adopted
  or order issued under that chapter may not exceed $500 a day for
  each day a violation continues with a total not to exceed $5,000 for
  each violation.  The amount of a penalty against a facility operator
  who violates Chapter 506 or 507, Health and Safety Code, or a rule
  adopted or order issued under those chapters may not exceed $50 a
  day for each day a violation continues with a total not to exceed
  $1,000 for each violation.
         SECTION 34.  Subchapter D, Chapter 7, Water Code, is amended
  by adding Section 7.1021 to read as follows:
         Sec. 7.1021.  MAXIMUM CIVIL PENALTY:  VIOLATION OF COMMUNITY
  RIGHT-TO-KNOW LAWS.  (a) A person who knowingly discloses false
  information or negligently fails to disclose a hazard as required
  by Chapter 505 or 506, Health and Safety Code, is subject to a civil
  penalty of not more than $5,000 for each violation.
         (b)  This section does not affect any other right of a person
  to receive compensation under other law.
         SECTION 35.  Subchapter E, Chapter 7, Water Code, is amended
  by adding Section 7.1851 to read as follows:
         Sec. 7.1851.  VIOLATIONS RELATING TO COMMUNITY
  RIGHT-TO-KNOW LAWS.  (a)  A person who proximately causes an
  occupational disease or injury to an individual by knowingly
  disclosing false information or knowingly failing to disclose
  hazard information as required by Chapter 505 or 506, Health and
  Safety Code, commits an offense punishable by a fine of not more
  than $25,000.
         (b)  This section does not affect any other right of a person
  to receive compensation under other law.
         SECTION 36.  The following provisions of the Health and
  Safety Code, including provisions amended by S.B. No. 219, Acts of
  the 84th Legislature, Regular Session, 2015, are repealed:
               (1)  Sections 505.004(2), (5), and (6);
               (2)  Sections 505.008(c), 505.010, 505.011, 505.012,
  505.013, and 505.014;
               (3)  Sections 506.004(2), (5), and (6);
               (4)  Sections 506.008(c), 506.010, 506.011, 506.012,
  506.013, 506.014, 506.015, and 506.016;
               (5)  Sections 507.004(2), (5), and (6); and
               (6)  Sections 507.007(c), 507.009, 507.010, and
  507.011.
         SECTION 37.  (a)  On September 1, 2015, the following are
  transferred to the Texas Commission on Environmental Quality:
               (1)  the powers, duties, obligations, and liabilities
  of the Department of State Health Services relating to Chapters
  505, 506, and 507, Health and Safety Code;
               (2)  all unobligated and unexpended funds appropriated
  to the Department of State Health Services designated for the
  administration of Chapters 505, 506, and 507, Health and Safety
  Code;
               (3)  all equipment and property of the Department of
  State Health Services used solely or primarily for the
  administration of Chapters 505, 506, and 507, Health and Safety
  Code;
               (4)  all files and other records of the Department of
  State Health Services kept by the department relating to the
  administration of Chapters 505, 506, and 507, Health and Safety
  Code; and
               (5)  employees of the Department of State Health
  Services whose duties relate solely or primarily to the
  administration of Chapters 505, 506, and 507, Health and Safety
  Code.
         (b)  A rule adopted by the Department of State Health
  Services that is in effect immediately before September 1, 2015,
  and that relates to Chapters 505, 506, and 507, Health and Safety
  Code, is, on September 1, 2015, a rule of the Texas Commission on
  Environmental Quality and remains in effect until amended or
  repealed by the Texas Commission on Environmental Quality.  A
  complaint, investigation, enforcement proceeding, or other
  proceeding pending before the Department of State Health Services
  on September 1, 2015, is continued by that department without
  change in status after the effective date of this Act.
         (c)  The Department of State Health Services may agree with
  the Texas Commission on Environmental Quality to transfer any
  property of the department to the commission to implement the
  transfer required by this Act.
         SECTION 38.  (a)  Except as otherwise provided by Subsection
  (b) of this section, this Act takes effect September 1, 2015.
         (b)  Sections 63.151(3), (4), and (5) and Section 63.158,
  Agriculture Code, as added by this Act, take effect immediately if
  this Act 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, those sections take effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 942 was passed by the House on May 4,
  2015, by the following vote:  Yeas 129, Nays 1
  0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 942 was passed by the Senate on May
  21, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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