By: Lewis H.B. No. 2569
73R6629 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons who take or supervise
1-3 corrective actions on petroleum storage tanks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter I, Chapter 26, Water Code, is amended
1-6 by adding Sections 26.360-26.364 to read as follows:
1-7 Sec. 26.360. REGISTRATION REQUIRED. (a) A person may not
1-8 perform a corrective action service unless:
1-9 (1) the person:
1-10 (A) is registered under this subchapter as a
1-11 corrective action specialist; or
1-12 (B) offers or performs the service under the
1-13 supervision of a registered corrective action specialist; and
1-14 (2) the corrective action service is supervised by a
1-15 registered corrective action project manager.
1-16 (b) A person may not supervise or direct a corrective action
1-17 service unless the person is a registered corrective action project
1-18 manager.
1-19 (c) The commission by rule shall provide for corrective
1-20 actions to be taken by or under the direction or supervision of a
1-21 person who is not registered as a corrective action specialist or
1-22 project manager in emergency circumstances.
1-23 Sec. 26.361. CORRECTIVE ACTION SPECIALIST REGISTRATION. (a)
1-24 An applicant for registration or renewal of registration as a
2-1 corrective action specialist must:
2-2 (1) list on, or attach to, the application form
2-3 prescribed by the commission the names and registration numbers of
2-4 the registered project managers the applicant intends to use to
2-5 supervise the applicant's corrective actions;
2-6 (2) document that the applicant has comprehensive
2-7 liability insurance in an amount of not less than $1 million that
2-8 names the petroleum tank storage division of the Texas Water
2-9 Commission as the certificate holder and is of a type approved by
2-10 the executive director;
2-11 (3) provide a financial statement, signed by the
2-12 applicant's business representative, indicating that the applicant
2-13 has a net worth of not less than $25,000 or provide other evidence
2-14 of financial stability required by the commission;
2-15 (4) provide to the executive director other
2-16 information required by rule to assist the commission in enforcing
2-17 the registration requirement; and
2-18 (5) include with the application the verified
2-19 statement of the applicant or chief executive officer of the
2-20 applicant that the information provided to the executive director
2-21 is accurate.
2-22 (b) An applicant for registration or renewal of registration
2-23 as a corrective action specialist shall pay to the commission a fee
2-24 of $500.
2-25 (c) A registered corrective action specialist shall inform
2-26 the commission of any change in the information provided under
2-27 Subsection (a) of this section.
3-1 Sec. 26.362. CORRECTIVE ACTION PROJECT MANAGER REGISTRATION.
3-2 (a) An applicant for registration as a corrective action project
3-3 manager must be an individual and must provide to the executive
3-4 director any information required by rule to assist the commission
3-5 in enforcing the registration requirement.
3-6 (b) The commission by rule shall set minimum requirements of
3-7 education and experience for an individual to register as a
3-8 corrective action project manager.
3-9 (c) The commission by rule shall require a project manager
3-10 to complete an appropriate amount of continuing education before
3-11 renewal of the registration.
3-12 (d) An applicant for registration or renewal of registration
3-13 shall pay to the commission a fee of $100.
3-14 Sec. 26.363. DISPOSITION OF FEES. The commission shall
3-15 deposit fees received under Section 26.361 or 26.362 of this code
3-16 to the credit of the petroleum storage tank remediation fund.
3-17 Sec. 26.364. REVOCATION OR SUSPENSION OF REGISTRATION. A
3-18 person's registration may be revoked or suspended, after notice and
3-19 opportunity for a hearing, if:
3-20 (1) the person submits false information to the
3-21 commission in the person's application or in any report or
3-22 statement made to the executive director under this subchapter;
3-23 (2) the person charges an excessive amount for a
3-24 corrective action, as determined by rules of the commission;
3-25 (3) the person performs a corrective action service
3-26 without the supervision of a registered corrective action project
3-27 manager;
4-1 (4) the person performs a corrective action service in
4-2 a manner prohibited by state, local, or federal law or the person
4-3 supervises the performance of a corrective action in a manner
4-4 prohibited by state, local, or federal law;
4-5 (5) the person does not maintain insurance as required
4-6 by rules of the commission; or
4-7 (6) the person violates this subchapter or a rule
4-8 adopted or order issued under this subchapter.
4-9 SECTION 2. Section 26.3573, Water Code, is amended by adding
4-10 Subsection (p) to read as follows:
4-11 (p) Money from registration and renewal fees collected by
4-12 the commission under Sections 26.361 and 26.362 of this code
4-13 deposited in the petroleum storage tank remediation fund may be
4-14 used to pay for the development of rules, enforcement, monitoring,
4-15 continuing education, and other costs associated with the
4-16 registration program.
4-17 SECTION 3. A person who is performing a corrective action
4-18 under Subchapter I, Chapter 26, Water Code, that began before the
4-19 effective date of this Act is not required to register with the
4-20 Texas Natural Resource Conservation Commission for the completion
4-21 of the corrective action except as provided by rules of the Texas
4-22 Natural Resource Conservation Commission designed to allow an
4-23 ongoing corrective action to continue uninterrupted.
4-24 SECTION 4. This Act takes effect September 1, 1993.
4-25 SECTION 5. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.