BILL ANALYSIS



S.B. 1619
By: Brown (Howard)
May 19, 1995
Committee Report (Amended)


BACKGROUND

The Texas Natural Resource Conservation Commission estimates that
state funds collected from hazardous waste fees, batteries, and
motor oil (Fund 550) used to clean up abandoned hazardous waste
sites will be inadequate to meet statutorily mandated needs in the
second year of the next biennium.

It may be possible to incrementally minimize use of the fund by
making it easier for the commission to recover certain costs from
responsible parties, which would discourage responsible parties
from keeping cases in the courts, reduce the burdens on
contractors, and thereby lower costs to the state.

PURPOSE

As proposed, the bill expands the authority of the Texas Natural
Resource Conservation Commission regarding its power to enter
property and to recover costs associated with remediation
activities.  The bill is intended to incrementally reduce the
demands on Fund 550 by shifting the fee burden to responsible
parties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 26.014, Water Code (effective until
           delegation of NPDES permit authority), to entitle
           members, employees, and agents of the Texas Natural
           Resource Conservation Commission (commission) to cross
           any property at any reasonable time for the purpose of
           inspecting conditions relating to the state's water
           quality.  Entitles members, employees, or agents of the
           commission and commission contractors to enter or cross
           public or private property at any reasonable time to
           investigate or monitor or, if the responsible party is
           not responsive or there is an immediate danger to public
           health or the environment, to remove or remediate a
           condition related to the quality of water in the state. 
           Requires members, employees, commission contractors, or
           agents who enter or cross private property to observe
           the establishment's rules.  Makes conforming changes.

SECTION 2  Amends Section 26.014, Water Code (effective upon
           delegation of NPDES permit authority), to make
           conforming changes.

SECTION 3  Amends Sections 361.032, Health and Safety Code, as
           follows:

           (a) Makes nonsubstantive changes.

           (b) Grants agents or employees of the commission or
           local government the right to cross public or private
           property in the governmental entity's jurisdiction at
           any reasonable time to inspect conditions concerning
           solid waste management and control.

           (c) Grants agents or employees of the commission or
           commission contractors the right to enter or cross at
           any reasonable time public or private property to
           investigate or monitor the release or threatened release
           of a hazardous substance.

           (d) Makes conforming changes.

           (e) Requires commission agents, employees, or
           contractors acting under this section to observe the
           establishment's rules.

SECTION 4  Amends Section 361.197(b), Health and Safety Code, as
           follows:

           (b) Authorizes the state to seek a judgment against
           noncompliant parties for the cost of the remedial
           investigation and feasibility study, the remedial
           design, and the remedial action, minus the amount agreed
           to be paid or expended by other responsible parties
           under an order issued under Section 361.185 or 361.188.

SECTION 5  Amends Section 104.001, Civil Practice and Remedies
           Code, to require the state, in a cause of action based
           on conduct described in Section 104.002, to indemnify
           for certain damages, costs, and fees a state contractor
           who signed a waste manifest as required by a state
           contract.

SECTION 6  Amends Section 104.002(b), Civil Practice and Remedies
           Code, to make the state liable for indemnification under
           this chapter if the person who signed the industrial
           solid waste or hazardous waste manifest did not increase
           or aggravate circumstances of contamination by grossly
           negligent acts or wilful misconduct.

SECTION 7  Emergency clause.
           Effective upon passage.

EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1

           This amendment strikes all references in the bill that
           referred to the authority of the TNRCC or its agents to
           cross any public or private property for the purpose of
           investigating or inspecting.

SUMMARY OF COMMITTEE ACTION

S.B. 1619 was considered by the committee in a formal meeting on
May 18, 1995.

The bill was left pending.

S.B. 1619 was considered by the committee in a formal meeting on
May 19, 1995.

The committee considered one amendment to the bill.  The amendment
was adopted without objection.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0
pnv, 2 absent.