1-1 By: Ratliff S.B. No. 570
1-2 (In the Senate - Filed March 2, 1993; March 3, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 20, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 COMMITTEE AMENDMENT NO. 1 By: Shelley
1-20 Amend S.B. No. 570 on page 2, between lines 14 and 15, by
1-21 inserting Subsections (c) and (d) to read as follows:
1-22 (c) A political subdivision that is in a county with a
1-23 population of 2.4 million or more or is in a county adjacent to a
1-24 county with a population of 2.4 million or more and that builds or
1-25 installs a drainage project on a site of a solid waste facility is
1-26 not a person responsible for solid waste released or threatened to
1-27 be released from the facility or at a site of the facility if:
1-28 (1) the political subdivision acquired ownership or
1-29 control of the facility or site through bankruptcy, tax
1-30 delinquency, abandonment, or other circumstances in which the
1-31 subdivision involuntarily acquired title to the facility or site by
1-32 virtue of the subdivision's function as sovereign; and
1-33 (2) the plans for the drainage project have been
1-34 submitted to and reviewed by the Texas Water Commission.
1-35 (d) A political subdivision that builds or installs a
1-36 drainage project under Subsection (c) is not subject to civil or
1-37 criminal liability arising from the building or installation of the
1-38 drainage project. This subsection does not apply to an injury or
1-39 property damage claim that results from an act or omission of the
1-40 political subdivision constituting gross negligence, recklessness,
1-41 or intentional misconduct.
1-42 A BILL TO BE ENTITLED
1-43 AN ACT
1-44 relating to the responsibility of a political subdivision, its
1-45 officers, or its employees for solid waste on certain property
1-46 acquired through certain functions as sovereign.
1-47 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-48 SECTION 1. Section 361.271, Health and Safety Code, is
1-49 amended to read as follows:
1-50 Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE. (a) For
1-51 the purpose of this subchapter, a person is responsible for solid
1-52 waste if the person:
1-53 (1) is any owner or operator of a solid waste
1-54 facility;
1-55 (2) owned or operated a solid waste facility at the
1-56 time of processing, storage, or disposal of any solid waste;
1-57 (3) by contract, agreement, or otherwise, arranged to
1-58 process, store, or dispose of, or arranged with a transporter for
1-59 transport to process, store, or dispose of, solid waste owned or
1-60 possessed by the person, by any other person or entity at:
1-61 (A) the solid waste facility owned or operated
1-62 by another person or entity that contains the solid waste; or
1-63 (B) the site to which the solid waste was
1-64 transported that contains the solid waste; or
1-65 (4) accepts or accepted any solid waste for transport
1-66 to a solid waste facility or site selected by the person.
1-67 (b) A political subdivision or an officer or employee of the
1-68 political subdivision is not a person responsible for solid waste
2-1 released or threatened to be released from a facility or at a site
2-2 if:
2-3 (1) the political subdivision acquired ownership or
2-4 control of the facility or site through bankruptcy, tax
2-5 delinquency, abandonment, or other circumstances in which the
2-6 subdivision involuntarily acquired title to the facility or site by
2-7 virtue of the subdivision's function as sovereign; and
2-8 (2) the political subdivision, officer, or employee
2-9 did not cause or contribute to the release or threatened release of
2-10 solid waste at the facility or site.
2-11 SECTION 2. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.
2-18 * * * * *
2-19 Austin,
2-20 Texas
2-21 April 20, 1993
2-22 Hon. Bob Bullock
2-23 President of the Senate
2-24 Sir:
2-25 We, your Committee on Natural Resources to which was referred S.B.
2-26 No. 570, have had the same under consideration, and I am instructed
2-27 to report it back to the Senate with the recommendation that it do
2-28 pass, as amended, and be printed.
2-29 Sims,
2-30 Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 No witnesses appeared on S.B. No. 570.