HBA-NMO C.S.H.B. 2261 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2261 By: Turner, Bob Energy Resources 3/19/99 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires nursing homes, day care centers, and public schools to perform annual pressure tests on their respective natural gas distribution piping systems to ensure integrity. However, the law does not place the same requirement on private schools. C.S.H.B. 2261 amends the Utilities Code to require the testing of natural gas piping systems in school facilities, both public and private. This bill also repeals the existing statute that requires such testing in public school facilities only. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 121, Utilities Code, by adding Subchapter J, as follows: SUBCHAPTER J. TESTING OF NATURAL GAS PIPING SYSTEMS IN SCHOOL FACILITIES Sec. 121.501. APPLICABILITY. Provides that this subchapter applies to a facility of a public school or a private school but does not apply to a home school. Sec. 121.502. DEFINITION. Defines "supplier." Sec. 121.503. DUTY TO PRESSURE TEST. (a) Requires a person responsible for a school facility to perform biennial pressure tests (tests) on the natural gas piping system (system) in each school facility. Provides that the tests must be performed before the beginning of the school year. (b) Authorizes a person responsible for more than one school facility to perform the tests on a two-year cycle under which the tests are performed for the systems of approximately one-half of the facilities each year. (c) Provides that, if a person responsible for one or more school facilities operates the facilities on a year-round calendar, the test must be conducted in each facility and reported not later than July 1 of the year in which the test is performed. (d) Provides that a test performed under a municipal code satisfies the pressure testing requirements prescribed by this section. Sec. 121.504. REQUIREMENTS OF TEST. Requires the person responsible for a school facility to perform the test to determine whether the natural gas piping downstream of the school's facility's meter holds at least normal operating pressure over a specified period determined by the Texas Railroad Commission (railroad commission). Provides that each system supply and outlet in the facility must be closed during the test. Requires the railroad commission, at the request of a person responsible for a school facility, to assist the person in developing a procedure for conducting the test. Sec. 121.505. NOTICE OF TEST. Requires a person responsible for a school facility to provide written notice to the school's supplier specifying the date and result of each test or other inspection. Requires the supplier to maintain a copy of the notice until at least the first anniversary of the date on which the supplier received the notice. Sec. 121.506. TERMINATION OF SERVICE. Requires a supplier to terminate service to a school facility if the supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system, or a test or other inspection at the facility is not performed as required by this subchapter. Sec. 121.507. REPORT TO BOARD OF TRUSTEES. Provides that an identified natural gas leakage in a school district facility must be reported to the board of trustees of the district in which the facility is located. Provides that an identified natural gas leakage in another school facility must be reported to the person responsible for the school facility. Sec. 121.508. ENFORCEMENT. Requires the railroad commission to enforce this subchapter. SECTION 2. Repealer: Article 6053-2a, V.T.C.S. (Testing of Natural Gas Piping Systems in School District Facilities) SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original, as follows: SECTION 1. Amends Chapter 121, Utilities Code, by adding Subchapter J, to require the testing of natural gas piping systems in school facilities, both public and private; rather than amending Article 6053-2a, V.T.C.S. (Testing of Natural Gas Piping Systems in School District Facilities), to include private schools in the definition of "school district," as proposed. SECTION 2. Repeals Article 6053-2a, V.T.C.S., rather than providing for the prospective application of this Act, as proposed. SECTION 3. Provides that this Act takes effect upon passage, rather than 90 days after adjournment, as proposed.