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