CHAPTER 753. FLAMMABLE LIQUIDS

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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.

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.

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).

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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