S.B. No. 570 AN ACT 1-1 relating to the responsibility of a political subdivision, its 1-2 officers, or its employees for solid waste on certain property 1-3 acquired through certain functions as sovereign. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 361.271, Health and Safety Code, is 1-6 amended to read as follows: 1-7 Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE. (a) For 1-8 the purpose of this subchapter, a person is responsible for solid 1-9 waste if the person: 1-10 (1) is any owner or operator of a solid waste 1-11 facility; 1-12 (2) owned or operated a solid waste facility at the 1-13 time of processing, storage, or disposal of any solid waste; 1-14 (3) by contract, agreement, or otherwise, arranged to 1-15 process, store, or dispose of, or arranged with a transporter for 1-16 transport to process, store, or dispose of, solid waste owned or 1-17 possessed by the person, by any other person or entity at: 1-18 (A) the solid waste facility owned or operated 1-19 by another person or entity that contains the solid waste; or 1-20 (B) the site to which the solid waste was 1-21 transported that contains the solid waste; or 1-22 (4) accepts or accepted any solid waste for transport 1-23 to a solid waste facility or site selected by the person. 1-24 (b) A political subdivision or an officer or employee of the 2-1 political subdivision is not a person responsible for solid waste 2-2 released or threatened to be released from a facility or at a site 2-3 if: 2-4 (1) the political subdivision acquired ownership or 2-5 control of the facility or site through bankruptcy, tax 2-6 delinquency, abandonment, or other circumstances in which the 2-7 subdivision involuntarily acquired title to the facility or site by 2-8 virtue of the subdivision's function as sovereign; and 2-9 (2) the political subdivision, officer, or employee 2-10 did not cause or contribute to the release or threatened release of 2-11 solid waste at the facility or site. 2-12 (c) A political subdivision that is in a county with a 2-13 population of 2.4 million or more or is in a county adjacent to a 2-14 county with a population of 2.4 million or more and that builds or 2-15 installs a drainage project on a site of a solid waste facility is 2-16 not a person responsible for solid waste released or threatened to 2-17 be released from the facility or at a site of the facility if: 2-18 (1) the political subdivision acquired ownership or 2-19 control of the facility or site through bankruptcy, tax 2-20 delinquency, abandonment, or other circumstances in which the 2-21 subdivision involuntarily acquired title to the facility or site by 2-22 virtue of the subdivision's function as sovereign; and 2-23 (2) the plans for the drainage project have been 2-24 submitted to and reviewed by the Texas Water Commission. 2-25 (d) A political subdivision that builds or installs a 2-26 drainage project under Subsection (c) is not subject to civil or 2-27 criminal liability arising from the building or installation of the 3-1 drainage project. This subsection does not apply to an injury or 3-2 property damage claim that results from an act or omission of the 3-3 political subdivision constituting gross negligence, recklessness, 3-4 or intentional misconduct. 3-5 SECTION 2. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted.