CHAPTER 753. FLAMMABLE LIQUIDS
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 753. FLAMMABLE LIQUIDS
Sec. 753.001. DEFINITIONS. In this chapter and in the rules
adopted under this chapter:
(1) "Board" means the State Board of Insurance.
(2) "Bulk plant" means that portion of a property operated in
conjunction with a retail service station where flammable liquids
are received by tank vessel, tank car, or tank vehicle and are
stored or blended in bulk for distribution by tank car, tank
vehicle, or container.
(3) "Flammable liquid" means a liquid having a flash point below
140%A1 Fahrenheit and having a vapor pressure of not more than 40
pounds per square inch (absolute) at 100%A1 Fahrenheit. The term
does not include a liquefied petroleum gas.
(4) "Mobile service unit" means a vehicle, tank truck, or other
mobile device from which a flammable liquid used as motor fuel
may be dispensed as an act of retail sale into the fuel tank of a
motor vehicle parked on an off-street parking facility.
(5) "Person" means an individual, firm, association,
corporation, or other private entity.
(6) "Retail service station" means that portion of a property
where a flammable liquid used as motor fuel is stored and
dispensed as an act of retail sale from fixed equipment into the
fuel tank of a motor vehicle. The term does not include a marina.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 223, eff. Sept. 1,
1991.
Sec. 753.0011. TRANSFER OF POWERS AND DUTIES; REFERENCES IN
CHAPTER. The powers and duties assigned to the State Board of
Insurance under this chapter are transferred to the Texas
Commission on Fire Protection. All references in this chapter to
the State Board of Insurance mean the Texas Commission on Fire
Protection.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 7, eff. Sept. 1,
1991.
Sec. 753.002. MOBILE SERVICE UNITS. (a) The board shall adopt
rules for the safe movement and operation of mobile service units
and the safe dispensing of flammable liquids by mobile service
units.
(b) A municipality may require a license for the operation of
each mobile service unit in the municipality and may charge a
reasonable license fee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 753.003. FLAMMABLE LIQUID AT RETAIL SERVICE STATIONS. (a)
The board shall administer this chapter through the state fire
marshal and shall adopt rules for the safe storage, handling, and
use of flammable liquids at retail service stations.
(b) The rules must substantially conform to the most recent
published standards of the National Fire Protection Association,
including standards in effect on or after August 1, 1989, for the
storage, handling, and use of flammable liquids at retail service
stations.
(c) In adopting rules, the board may use recognized standards,
including:
(1) standards recognized by the federal government;
(2) standards published by a nationally recognized
standards-making organization; and
(3) specifications and instructions of manufacturers.
(d) This chapter or a rule adopted under this chapter does not
prohibit or permit the prohibition of an unattended self-service
gasoline station operation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 224, eff. Sept. 1,
1991.
Sec. 753.004. STORAGE TANKS. (a) Except as provided by
Subsection (d), flammable liquids may not be stored at a retail
service station in a tank that has a gross capacity of more than
60 gallons above the surface of the ground. The individual or
combined capacity or size of an underground flammable liquid tank
at a retail service station may not be limited.
(b) A retail service station may operate in conjunction with a
bulk plant that has aboveground storage tanks if:
(1) there are separate underground tanks having a capacity of
not less than 550 gallons each for final storage and dispensing
of flammable liquids into motor vehicle fuel tanks; and
(2) any piping that connects the bulk plant storage tanks with
the retail service station's underground tanks is equipped with a
valve that is within the control of the retail service station
operator and that is kept closed and locked when the underground
tanks are not being filled.
(c) Each aboveground tank at a bulk plant that is operated in
conjunction with a retail service station that is on the same or
contiguous property must be equipped with emergency vents of the
types and capacities prescribed by standards adopted under
Section 753.003.
(d) 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.
(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.
(f) A new aboveground storage tank may not be constructed
within:
(1) 15 feet of an adjoining property line, including the full
width of the right-of-way of a public road that runs between the
property on which the proposed tank site is located and an
adjoining property;
(2) 15 feet of the right-of-way line of a public road that is
nearest to the proposed tank site;
(3) five feet of an established place of business or other
building designated by board rule;
(4) 100 feet of the property line of any established school,
hospital, nursing home, day-care center, preschool, or nursery
school; or
(5) 15 feet of any fuel dispenser.
(g) In adopting rules under Section 753.003, the board shall
include rules concerning the design, construction, and
installation of tanks permitted to be used under Subsection (d).
Except as provided by Subsection (f), the rules may not be more
stringent than the standards of the National Fire Protection
Association.
(h) The authority of a retail service station to store flammable
liquids in an aboveground storage tank under Subsection (d) is
not affected by a change in the boundaries or population of a
municipality that occurs after the date the retail service
station begins operation, unless prohibited by municipal
ordinance. A municipal ordinance prohibiting the use of
aboveground storage tanks may not take effect before the second
anniversary of the date on which the ordinance was adopted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 225, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 902, Sec. 1, eff. June 16, 1991.
Sec. 753.005. VEHICLE REGULATIONS. The size and weight of and
load carried by a vehicle used to transport or deliver flammable
liquid from a point of origin to a point of destination may not
be limited unless the limitation is in accordance with an
applicable state motor vehicle and highway law and a municipal or
county ordinance or rule in effect on September 1, 1969.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 753.006. UNIFORMITY AND CONFORMITY. (a) A county or
municipality may not enact or enforce an ordinance or rule that
is inconsistent with this chapter or the board's rules unless
allowed by this chapter.
(b) If a municipality by ordinance adopted rules relating to
mobile service units not later than 180 days after the board
adopted rules relating to mobile service units and the rules
adopted by the municipality are more restrictive than the board's
rules, the rules are not invalid under Subsection (a).
(c) This chapter does not invalidate a municipal or county
ordinance or rule that was in effect on September 1, 1969, and
that relates to the storage of flammable liquids or relates to or
prohibits mobile service units.
(d) The board rules must provide that a facility that is in
service before the effective date of an applicable rule and that
is not in strict conformity with the rule may continue in service
if the facility does not constitute a distinct hazard to life or
property. The rules may delineate the type of nonconformities
that should be considered distinctly hazardous and the
nonconformities that should be evaluated in light of local
conditions. The rules must provide that a person who owns a
facility affected by the rules receives reasonable notice of
intent to evaluate the need for compliance and the time and place
at which the person may appear to offer evidence on that issue.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 753.007. CITATION IN ACTION FOR DECLARATORY JUDGMENT. In
an action for declaratory judgment on the validity or
applicability of a rule adopted by the board under this chapter,
citation shall be served on the state fire marshal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 226, eff. Sept. 1,
1991.
Sec. 753.008. ENFORCEMENT. (a) The Texas Natural Resource
Conservation Commission has concurrent jurisdiction with the
board regarding the inspection of initial installation and other
administrative supervision of aboveground tanks authorized and
regulated by this chapter. The Texas Natural Resource
Conservation Commission has the primary authority for inspection
of initial installation of the tanks. The Texas Natural Resource
Conservation Commission shall report all violations of this
chapter in regard to aboveground storage tanks to the state fire
marshal for enforcement proceedings.
(b) Under the board's supervision, the state fire marshal and
each county fire marshal and municipal fire marshal shall enforce
this chapter and the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 227, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.253, eff. Sept. 1,
1995.
Sec. 753.009. INJUNCTIVE RELIEF. (a) The board may bring suit
against a person who appears to be violating or threatening to
violate a rule adopted under this chapter to restrain the person
from violating or continuing to violate the rule.
(b) The suit shall be brought in the district court having
jurisdiction in the county in which the violation or threat of
violation occurs. At the board's request, the attorney general
shall represent the board.
(c) In the suit, the court may grant the board any prohibitory
or mandatory injunction the facts warrant, including a temporary
restraining order, temporary injunction, or permanent injunction.
The court may grant the relief without requiring a bond or other
undertaking.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 753.010. CIVIL PENALTY. (a) A person who violates a rule
adopted under this chapter is liable to the state for a civil
penalty of not more than $100 for each day the person violates
the rule.
(b) The civil penalty is recoverable in a district court in:
(1) Travis County;
(2) the county in which the person resides; or
(3) the county in which the violation occurs.
(c) At the board's request, the attorney general shall institute
and conduct a suit in the name of the state to recover the
penalty.
(d) The civil penalty provided by this section may be in
addition to or in lieu of the criminal penalty prescribed by
Section 753.011.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 753.011. CRIMINAL PENALTY. (a) A person who is engaged in
the business of storing, selling, or handling flammable liquids
commits an offense if the person violates a rule adopted under
this chapter.
(b) An offense under this section is a Class B misdemeanor.
(c) Each day a person continues to violate a rule adopted under
this chapter constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 228, eff. Sept. 1,
1991.