H.B. No. 239

	AN ACT
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 239 was passed by the House on May 5,
	2015, by the following vote:  Yeas 142, Nays 3, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 239 was passed by the Senate on May
	20, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor