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.