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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

House Bill 1705

House Author:  Bonnen

Effective:  6-17-05

Senate Sponsor:  Armbrister


            House Bill 1705 amends the Health and Safety Code to specify a port authority's or navigation district's responsibility in a release of hazardous waste related to certain waterway construction or maintenance activities. The bill provides that a port authority or navigation district is not considered a person responsible for release of hazardous waste, under the state’s Solid Waste Disposal Act, when constructing or maintaining waterways if the activity is by virtue of the entity's function as sovereign and the entity requires dredged materials to be sampled, analyzed, and determined not to be hazardous waste before storage or placement on land or submerged land. The bill provides that a port authority or navigation district retains liability if the entity causes or contributes to the generation of hazardous waste.