By: Hamric H.B. No. 2091 73R4277 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the responsibility of a political subdivision, its 1-3 officers, or its employees for solid waste on certain property 1-4 acquired through certain functions as sovereign. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 361.271, Health and Safety Code, is 1-7 amended to read as follows: 1-8 Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE. (a) For 1-9 the purpose of this subchapter, a person is responsible for solid 1-10 waste if the person: 1-11 (1) is any owner or operator of a solid waste 1-12 facility; 1-13 (2) owned or operated a solid waste facility at the 1-14 time of processing, storage, or disposal of any solid waste; 1-15 (3) by contract, agreement, or otherwise, arranged to 1-16 process, store, or dispose of, or arranged with a transporter for 1-17 transport to process, store, or dispose of, solid waste owned or 1-18 possessed by the person, by any other person or entity at: 1-19 (A) the solid waste facility owned or operated 1-20 by another person or entity that contains the solid waste; or 1-21 (B) the site to which the solid waste was 1-22 transported that contains the solid waste; or 1-23 (4) accepts or accepted any solid waste for transport 1-24 to a solid waste facility or site selected by the person. 2-1 (b) A political subdivision or an officer or employee of the 2-2 political subdivision is not a person responsible for solid waste 2-3 released or threatened to be released from a facility or at a site 2-4 if: 2-5 (1) the political subdivision acquired ownership or 2-6 control of the facility or site through bankruptcy, tax 2-7 delinquency, abandonment, or other circumstances in which the 2-8 subdivision involuntarily acquired title to the facility or site by 2-9 virtue of the subdivision's function as sovereign; and 2-10 (2) the political subdivision, officer, or employee 2-11 did not cause or contribute to the release or threatened release of 2-12 solid waste at the facility or site. 2-13 SECTION 2. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted.