BILL ANALYSIS


                                                    C.S.S.B. 1619
                                                        By: Brown
                                                Natural Resources
                                                          4-28-95
                                   Committee Report (Substituted)
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, C.S.S.B. 1619 expands the authority of the Texas
Natural Resource Conservation Commission regarding its power to
enter property and to recover costs associated with remediation
activities, and expands the list of persons the state is required
to exempt from liability.

RULEMAKING AUTHORITY

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

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 date: upon passage.