73R9071 CAG-D
By Hamric H.B. No. 2091
Substitute the following for H.B. No. 2091:
By Eckels C.S.H.B. No. 2091
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibility and liability of a political
1-3 subdivision, its officers, or its employees for a solid waste site
1-4 or facility on certain property acquired through certain functions
1-5 as sovereign.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 361.271, Health and Safety Code, is
1-8 amended to read as follows:
1-9 Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE. (a) For
1-10 the purpose of this subchapter, a person is responsible for solid
1-11 waste if the person:
1-12 (1) is any owner or operator of a solid waste
1-13 facility;
1-14 (2) owned or operated a solid waste facility at the
1-15 time of processing, storage, or disposal of any solid waste;
1-16 (3) by contract, agreement, or otherwise, arranged to
1-17 process, store, or dispose of, or arranged with a transporter for
1-18 transport to process, store, or dispose of, solid waste owned or
1-19 possessed by the person, by any other person or entity at:
1-20 (A) the solid waste facility owned or operated
1-21 by another person or entity that contains the solid waste; or
1-22 (B) the site to which the solid waste was
1-23 transported that contains the solid waste; or
1-24 (4) accepts or accepted any solid waste for transport
2-1 to a solid waste facility or site selected by the person.
2-2 (b) A political subdivision or an officer or employee of the
2-3 political subdivision is not a person responsible for solid waste
2-4 released or threatened to be released from a facility or at a site
2-5 if:
2-6 (1) the political subdivision acquired ownership or
2-7 control of the facility or site through bankruptcy, tax
2-8 delinquency, abandonment, or other circumstances in which the
2-9 subdivision involuntarily acquired title to the facility or site by
2-10 virtue of the subdivision's function as sovereign; and
2-11 (2) the political subdivision, officer, or employee
2-12 did not cause or contribute to the release or threatened release of
2-13 solid waste at the facility or site.
2-14 (c) A political subdivision that is in a county with a
2-15 population of 2.4 million or more or is in a county adjacent to a
2-16 county with a population of 2.4 million or more and that builds or
2-17 installs a drainage project on a site of a solid waste facility is
2-18 not a person responsible for solid waste released or threatened to
2-19 be released from the facility or at a site of the facility if:
2-20 (1) the political subdivision acquired ownership or
2-21 control of the facility or site through bankruptcy, tax
2-22 delinquency, abandonment, or other circumstances in which the
2-23 subdivision involuntarily acquired title to the facility or site by
2-24 virtue of the subdivision's function as sovereign; and
2-25 (2) the plans for the drainage project have been
2-26 submitted to and reviewed by the Texas Water Commission.
2-27 (d) A political subdivision that builds or installs a
3-1 drainage project under Subsection (c) is not subject to civil or
3-2 criminal liability arising from the building or installation of the
3-3 drainage project. This subsection does not apply to an injury or
3-4 property damage claim that results from an act or omission of the
3-5 political subdivision constituting gross negligence, recklessness,
3-6 or intentional misconduct.
3-7 SECTION 2. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.