By Alexander H.B. No. 2587
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of certain aboveground and underground
1-3 storage tanks and the regulation of underground storage tank
1-4 installers; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 26.3512(b), Water Code, is amended to
1-7 read as follows:
1-8 (b) Funds from the petroleum storage tank remediation fund
1-9 may not be used to pay, and the owner or operator of a petroleum
1-10 storage tank ordered by the commission to take corrective action is
1-11 responsible for payment of, the following:
1-12 (1) the owner or operator contribution described by
1-13 Subsection (e) of this section;
1-14 (2) any expenses for corrective action that exceed $1
1-15 million for each occurrence;
1-16 (3) any expenses for corrective action that are not
1-17 covered by payment from the petroleum storage tank remediation fund
1-18 under the rules or decisions of the commission under this
1-19 subchapter; <or>
1-20 (4) any expenses for corrective action not ordered or
1-21 agreed to by the commission; or
1-22 (5) any expenses for corrective action incurred for
1-23 confirmed releases initially discovered and reported to the
1-24 commission after December 22, 1998.
2-1 SECTION 2. Section 26.352, Water Code, is amended by
2-2 amending Subsection (b) and adding Subsections (c) and (d) to read
2-3 as follows:
2-4 (b) An owner or operator of an underground storage tank may
2-5 submit the registration certificate issued by the commission to the
2-6 owner or operator under Section 26.346 of this code to the United
2-7 States Environmental Protection Agency as evidence of the owner's
2-8 or operator's eligibility for funds for any expenses for corrective
2-9 action incurred for confirmed releases initially discovered and
2-10 reported to the commission on or before December 22, 1998 <from the
2-11 petroleum storage tank remediation fund>.
2-12 (c) A registration certificate issued under Section 26.346
2-13 is not acceptable evidence of financial responsibility for:
2-14 (1) an underground storage tank that contains a
2-15 petroleum substance other than:
2-16 (A) a petroleum product; or
2-17 (B) spent oil or hydraulic fluid if the tank is
2-18 located at a vehicle service and fueling facility and is used as
2-19 part of the operations of that facility; or
2-20 (2) any expenses for corrective action for confirmed
2-21 releases initially discovered and reported to the commission after
2-22 December 22, 1998.
2-23 (d) The commission shall enforce this section and may impose
2-24 administrative and civil penalties on the owners or operators of
2-25 underground storage tanks if acceptable evidence of financial
2-26 responsibility is not maintained. An owner or operator commits an
2-27 offense if the owner or operator operates an underground storage
3-1 tank knowing that acceptable evidence of financial responsibility
3-2 does not exist and is subject to criminal prosecution as provided
3-3 by Subchapter F. The commission may seek injunctive relief in the
3-4 district courts of Travis County to force the temporary or
3-5 permanent closure of an underground storage tank for which
3-6 acceptable evidence of financial responsibility is not maintained.
3-7 SECTION 3. Sections 26.3573(d), (f), (h), (i), (k), and (p),
3-8 Water Code, are amended to read as follows:
3-9 (d) The commission may use the money in the petroleum
3-10 storage tank remediation fund to pay:
3-11 (1) necessary expenses associated with the
3-12 administration of the petroleum storage tank remediation fund and
3-13 the groundwater protection cleanup program, not to exceed an amount
3-14 equal to five percent of the gross receipts of that fund, provided
3-15 that the increment between two and five <three> percent of the
3-16 gross receipts may be used only to pay administrative expenses
3-17 associated with regulating petroleum storage tanks, reimbursing
3-18 eligible owners and operators, <and> disposing of contaminated
3-19 soils, and <further provided that the increment between three and
3-20 five percent of the gross receipts may be used only to pay
3-21 administrative expenses associated with> conducting claims audits
3-22 in accordance with Section 26.35735 of this code<, reimbursing
3-23 eligible owners and operators, and disposing of contaminated
3-24 soils>;
3-25 (2) expenses associated with investigation, cleanup,
3-26 or corrective action measures performed in response to a release or
3-27 threatened release from a petroleum storage tank, whether those
4-1 expenses are incurred by the commission or pursuant to a contract
4-2 between a contractor and an eligible owner or operator as
4-3 authorized by this subchapter; and
4-4 (3) subject to the conditions of Subsection (e) of
4-5 this section, expenses associated with investigation, cleanup, or
4-6 corrective action measures performed in response to a release or
4-7 threatened release of hydraulic fluid or spent oil from hydraulic
4-8 lift systems or tanks located at a vehicle service and fueling
4-9 facility and used as part of the operations of that facility.
4-10 (f) The commission, in accordance with this subchapter and
4-11 rules adopted under this subchapter, may:
4-12 (1) contract directly with a person to perform
4-13 corrective action and pay the contractor from the petroleum storage
4-14 tank remediation fund;
4-15 (2) reimburse an eligible owner or operator from the
4-16 petroleum storage tank remediation fund for the expenses of a
4-17 corrective action that was:
4-18 (A) performed on or after September 1, 1987; and
4-19 (B) conducted in response to a confirmed release
4-20 that was initially discovered and reported to the commission on or
4-21 before December 22, 1998; or
4-22 (3) pay the claim of a person who has contracted with
4-23 an eligible owner or operator to perform corrective action with
4-24 funds from the petroleum storage tank remediation fund.
4-25 (h) Consistent with the objectives provided under Subsection
4-26 (g) of this section and this subchapter, the commission may by rule
4-27 adopt:
5-1 (1) guidelines the commission considers necessary for
5-2 determining the amounts that may be paid from the petroleum storage
5-3 tank remediation fund; and
5-4 (2) guidelines concerning reimbursement for expenses
5-5 incurred by an eligible owner or operator and covered under Section
5-6 26.3512(d) of this code<; and>
5-7 <(3) minimum qualifications the commission considers
5-8 necessary for a person with whom an eligible owner or operator may
5-9 contract to participate in corrective action>.
5-10 (i) The commission by rule may implement a registration
5-11 program for persons who contract with an owner or operator of an
5-12 underground storage tank or an aboveground storage tank, or with
5-13 any other person, to perform corrective action under this
5-14 subchapter. The commission may adopt minimum qualifications for a
5-15 person with whom an eligible owner or operator <and> may contract
5-16 to participate in a corrective action and for persons who perform
5-17 or supervise the corrective action. The commission may require
5-18 <registration and> the use of registered contractors and registered
5-19 corrective action supervisors by an eligible owner or operator as a
5-20 prerequisite to the payment of <receiving> money from the petroleum
5-21 storage tank remediation fund for corrective action under this
5-22 subchapter. The commission by rule may establish a schedule of
5-23 fees to cover the costs of administering the registration program,
5-24 including fees for the processing of applications, printing
5-25 certificates, conducting examinations, and similar activities.
5-26 Such fees shall not exceed the following amounts:
5-27 (1) Corrective Action Specialist initial registration
6-1 fee $200;
6-2 (2) Corrective Action Specialist annual registration
6-3 renewal fee $175;
6-4 (3) Corrective Action Specialist late renewal fee $25;
6-5 (4) Corrective Action Specialist duplicate
6-6 registration fee $10;
6-7 (5) Corrective Action Project Manager initial
6-8 registration fee $100;
6-9 (6) Corrective Action Project Manager examination fee
6-10 $50;
6-11 (7) Corrective Action Project Manager annual
6-12 registration renewal fee $75;
6-13 (8) Corrective Action Project Manager duplicate
6-14 registration fee $10.
6-15 Fees collected under this subchapter shall be deposited in the
6-16 state treasury to the credit of the storage tank account. A person
6-17 who violates a rule or order adopted by the commission under this
6-18 subsection is subject to the appropriate sanctions and penalties
6-19 imposed under this chapter.
6-20 (k) The commission shall satisfy a claim for payment that is
6-21 eligible to be paid under this subchapter and the rules adopted
6-22 under this subchapter made by a contractor, from the petroleum
6-23 storage tank remediation fund as provided by this section and any
6-24 rules adopted by the commission under this section <Chapter 82,
6-25 Acts of the 69th Legislature, Regular Session, 1985 (Article 601f,
6-26 Vernon's Texas Civil Statutes)>, regardless of whether the
6-27 commission:
7-1 (1) contracts directly for the goods or services; or
7-2 (2) pays a claim under a contract executed by a
7-3 petroleum storage tank owner or operator.
7-4 (p) Notwithstanding any other law to the contrary, an <An>
7-5 owner or operator, or any agent of an owner or operator, is <shall>
7-6 not <be> entitled to and may not<, nor shall> be paid<,> interest
7-7 on any claim for payment from the petroleum storage tank
7-8 remediation fund.
7-9 SECTION 4. Chapter 244, Acts of the 71st Legislature,
7-10 Regular Session, 1989 (Article 8900, Vernon's Texas Civil
7-11 Statutes), is redesignated as Subchapter K, Chapter 26, Water Code,
7-12 and amended to read as follows:
7-13 SUBCHAPTER K <Art. 8900>. UNDERGROUND STORAGE TANK
7-14 INSTALLERS<; REGULATIONS; PENALTIES>
7-15 Sec. 26.451 <1>. DEFINITIONS. In this subchapter <Act>:
7-16 (1) "Certificate of registration" means the document
7-17 issued to an underground storage tank contractor authorizing that
7-18 contractor to engage in the underground storage tank business in
7-19 this state. <"Commission" means the Texas Water Commission.>
7-20 (2) "Committee" means the Petroleum Storage Tank
7-21 Advisory Committee.
7-22 (3) "Critical junctures" means, in the case of an
7-23 installation, repair, or removal, all of the following steps:
7-24 (A) preparation of the tank bedding immediately
7-25 before receiving the tank;
7-26 (B) setting of the tank and the piping,
7-27 including placement of any anchoring devices, backfill to the level
8-1 of the tank, and strapping, if any;
8-2 (C) connection of piping systems to the tank;
8-3 (D) all pressure testing of the underground
8-4 storage tank, including associated piping, performed during the
8-5 installation;
8-6 (E) completion of backfill and filling of the
8-7 excavation;
8-8 (F) any time during the repair in which the
8-9 piping system is connected or reconnected to the tank;
8-10 (G) any time during the repair in which the tank
8-11 or its associated piping is tested; and
8-12 (H) any time during the removal of the tank.
8-13 (4) "Installation" means the installation of
8-14 underground storage tanks and ancillary equipment.
8-15 (5) <(4)> "Installer" means a person who participates
8-16 in or supervises the installation, repair, or removal of
8-17 underground storage tanks.
8-18 (6) "License" means the document issued to an
8-19 installer or on-site supervisor authorizing that person to engage
8-20 in the underground storage tank business in this state.
8-21 (7) "On-site supervisor" means:
8-22 (A) a professional engineer registered to
8-23 practice in this state who has met the licensing requirements under
8-24 Section 26.456; or
8-25 (B) a person who has at least two years of
8-26 active experience in the vocation of installation of underground
8-27 storage tanks, underground utilities, or other engineering
9-1 construction in this state and who meets the licensing requirements
9-2 under Section 26.456.
9-3 (8) <(5)> "Operator" means any person in control of,
9-4 or having responsibility for, the daily operation of the
9-5 underground storage tank system.
9-6 (9) <(6)> "Owner" means any person who owns an
9-7 underground storage tank system used for storage, use, or
9-8 dispensing of regulated substances.
9-9 (10) <(7)> "Person" means a natural person, including
9-10 an owner, manager, officer, employee, or occupant.
9-11 (11) <(8)> "Removal" means the process of removing and
9-12 disposing of an underground storage tank that is no longer in
9-13 service, or the process of abandoning an underground storage tank
9-14 in place after purging the tank of vapors and filling the vessel of
9-15 the tank with an inert material.
9-16 (12) <(9)> "Repair" means the modification or
9-17 correction of an underground storage tank and ancillary equipment.
9-18 The term does not include:
9-19 (A) relining an underground storage tank through
9-20 the application of epoxy resins or similar materials;
9-21 (B) the performance of a tightness test to
9-22 ascertain the integrity of the tank;
9-23 (C) the maintenance and inspection of cathodic
9-24 protection devices by a corrosion expert or corrosion technician;
9-25 (D) emergency actions to halt or prevent leaks
9-26 or ruptures; or
9-27 (E) minor maintenance on ancillary aboveground
10-1 equipment.
10-2 (13) <(10)> "Underground storage tank" has the meaning
10-3 assigned by Section 26.342<, Water Code>.
10-4 <(11) "On-site supervisor" means:>
10-5 <(A) a professional engineer registered to
10-6 practice in this state who has met the licensing requirements under
10-7 Section 6 of this Act; or>
10-8 <(B) an individual with at least two years of
10-9 active experience in the vocation of installation of underground
10-10 storage tanks, underground utilities, or other engineering
10-11 construction in the State of Texas and who meets the licensing
10-12 requirements under Section 6 of this Act.>
10-13 (14) <(12)> "Underground storage tank contractor"
10-14 means a person or business entity who <that> offers to undertake,
10-15 represents itself as being able to undertake, or does undertake to
10-16 install, repair, or remove underground storage tanks.
10-17 <(13) "Certificate of registration" means the document
10-18 issued to an underground storage tank contractor authorizing same
10-19 to engage in the underground storage tank business in this state.>
10-20 <(14) "License" means the document issued to an
10-21 installer or on-site supervisor authorizing same to engage in the
10-22 underground storage tank business in this state.>
10-23 <(15) "Critical junctures" means, in the case of an
10-24 installation, repair, or removal, all of the following steps:>
10-25 <(A) preparation of the tank bedding immediately
10-26 prior to receiving the tank;>
10-27 <(B) setting of the tank and the piping,
11-1 including placement of any anchoring devices, backfill to the level
11-2 of the tank, and strapping, if any;>
11-3 <(C) connection of piping systems to the tank;>
11-4 <(D) all pressure testing of the underground
11-5 storage tank, including associated piping, performed during the
11-6 installation;>
11-7 <(E) completion of backfill and filling of the
11-8 excavation;>
11-9 <(F) any time during the repair in which the
11-10 piping system is connected or reconnected to the tank;>
11-11 <(G) any time during the repair in which the
11-12 tank or its associated piping is tested; and>
11-13 <(H) any time during the removal of the tank.>
11-14 Sec. 26.452 <2>. Certificate of registration. (a) An
11-15 underground storage tank contractor must apply to the commission
11-16 for a certificate of registration on a form prescribed by the
11-17 commission. If the contractor is a partnership or joint venture,
11-18 it need not register in its own name if each partner or joint
11-19 venture is registered.
11-20 (b) A certificate of registration is valid for one year from
11-21 the date of issue and is renewable annually on payment of the
11-22 annual fee. An<; provided, however, that the> initial
11-23 certification of registration <issued on or after September 1,
11-24 1989,> may be issued for a period <periods> of less than one year
11-25 and the annual fee shall be prorated proportionally.
11-26 (c) Each certificate of registration must be posted in a
11-27 conspicuous place in the contractor's place of business.
12-1 (d) All bids, proposals, offers, and installation drawings
12-2 must prominently display the contractor's certificate of
12-3 registration number.
12-4 (e) A certificate of registration issued under this
12-5 subchapter <Act> is not transferable.
12-6 Sec. 26.453 <3>. License required. (a) An <Except as
12-7 provided for by Subsection (b) of this section, an> underground
12-8 storage tank may not be installed, repaired, or removed except by
12-9 an underground storage tank contractor who has an installer or an
12-10 on-site supervisor who is licensed by the commission under Section
12-11 26.456 <6 of this Act> at the site at all times during the critical
12-12 junctures of the installation, repair, or removal.
12-13 (b) <A license issued under this Act is not transferable.>
12-14 <(c)> This subchapter <Act> does not apply to the
12-15 installation of a storage tank or other facility exempt from
12-16 regulation under Section 26.344<, Water Code>.
12-17 Sec. 26.454 <4>. Powers and duties of commission. (a) The
12-18 commission shall:
12-19 (1) prescribe application forms for original and
12-20 renewal licenses; and
12-21 (2) take other action necessary to enforce this
12-22 subchapter <Act>.
12-23 (b) With the advice of the committee, the commission shall
12-24 adopt rules for the licensing of installers and on-site
12-25 supervisors.
12-26 (c) The commission may adopt rules relating to continuing
12-27 education requirements for installers and on-site supervisors.
13-1 Sec. 26.455 <5>. Examination. (a) At times and places
13-2 designated by the commission, the commission shall conduct an
13-3 examination of applicants for licensing as installers and on-site
13-4 supervisors.
13-5 (b) The commission shall prescribe the contents of the
13-6 examination. Questions used in the examination must be derived
13-7 from standards, instructions, and recommended practices published
13-8 by organizations with expertise in various aspects of installation,
13-9 removal, and repair of underground storage tanks, including the:
13-10 (1) Petroleum Equipment Institute;
13-11 (2) American Petroleum Institute;
13-12 (3) Steel Tank Institute;
13-13 (4) National Association of Corrosion Engineers;
13-14 (5) Fiberglass Petroleum Tank and Pipe Institute; and
13-15 (6) National Fire Protection Association.
13-16 (c) The commission shall determine standards for acceptable
13-17 performance on the examination.
13-18 (d) If requested by a license applicant who fails the
13-19 examination, the commission shall provide to the applicant an
13-20 analysis of the applicant's performance on the examination.
13-21 Sec. 26.456 <6>. License. (a) The commission shall issue
13-22 an installer or on-site supervisor license to an applicant who:
13-23 (1) is at least 18 years of age;
13-24 (2) meets the application requirements prescribed by
13-25 commission rule, including experience in installation of
13-26 underground storage tanks, underground utilities, or other
13-27 engineering construction in this state <the State of Texas>, not to
14-1 exceed two years of active experience;
14-2 (3) passes the licensing examination;
14-3 (4) pays the application, examination, and licensing
14-4 fees; and
14-5 (5) meets reasonable training requirements as
14-6 determined by the commission.
14-7 (b) A license issued under this subchapter <Act> is valid
14-8 throughout this state but is not assignable or transferable.
14-9 Sec. 26.457 <7>. License renewal. (a) A license is valid
14-10 for one year and may be renewed annually on or before February 1 on
14-11 payment of the required renewal fee and presentation of evidence
14-12 satisfactory to the commission of compliance with any continuing
14-13 education requirements adopted by the commission.
14-14 (b) If a licensee fails to renew the license by the required
14-15 date, the licensee may renew the license on payment of the renewal
14-16 fee and a late fee set by the commission. If the license is not
14-17 renewed earlier than one year after the date on which the license
14-18 expired, the licensee must retake the licensing examination
14-19 administered by the commission.
14-20 Sec. 26.458 <8>. Fees. (a) The commission shall charge
14-21 necessary fees to defray the costs of administering this subchapter
14-22 <the provisions of this Act>, which shall be deposited in the state
14-23 treasury to the credit of the <underground> storage tank account
14-24 <fund> and shall be used by the commission in administering <the
14-25 provisions of> this subchapter <Act>. The fees may not exceed the
14-26 following amounts:
14-27 (1) examination fee..............................$ 50;
15-1 (2) initial license application..................$200;
15-2 (3) annual license renewal fee...................$175;
15-3 (4) late renewal fee.............................$ 25;
15-4 (5) duplicate license fee........................$ 10;
15-5 (6) certification of registration application
15-6 fee...........................................................$ 50;
15-7 (7) certification of registration issuance fee...$100;
15-8 (8) certification of registration annual renewal
15-9 fee...........................................................$ 75;
15-10 (9) duplicate certification of registration or
15-11 license.......................................................$ 10;
15-12 (10) application to change certificate of
15-13 registration..................................................$ 70.
15-14 (b) If a person remits an examination fee and initial
15-15 license application fee, the examination fee shall be applied to
15-16 the license application fee so that an applicant does not <no
15-17 person shall> pay more than $200 for an initial application and
15-18 examination.
15-19 Sec. 26.459 <9>. Denial, suspension, or revocation of
15-20 license or certificate of registration; reinstatement. (a) The
15-21 commission may deny, suspend, revoke, or reinstate a license or
15-22 certificate of registration.
15-23 (b) The commission shall adopt rules establishing the
15-24 grounds for denial, suspension, revocation, or reinstatement of a
15-25 license or certificate of registration, and establishing procedures
15-26 for disciplinary actions.
15-27 (c) Proceedings relating to the suspension or revocation of
16-1 a license or certificate of registration issued under this
16-2 subchapter <Act> are subject to Chapter 2001, Government Code <the
16-3 Administrative Procedure and Texas Register Act (Article 6252-13a,
16-4 Vernon's Texas Civil Statutes)>.
16-5 (d) A person or business entity whose license or certificate
16-6 of registration has been revoked may apply for a new license or
16-7 certificate of registration after the expiration of one year from
16-8 the date of the revocation.
16-9 Sec. 26.460 <10>. Advisory committee. (a) The Petroleum
16-10 Storage Tank Advisory Committee is established.
16-11 (b) The committee is composed of nine members appointed by
16-12 the governor with the advice and consent of the senate. Committee
16-13 members serve for staggered six-year terms, with the terms of three
16-14 members expiring February 1 of each odd-numbered year. A member is
16-15 not eligible for appointment to successive terms.
16-16 (c) The governor shall appoint all members of the committee,
16-17 of whom:
16-18 (1) no more than three members may be appointed from a
16-19 single metropolitan area;
16-20 (2) three members must be persons with experience in
16-21 the operation of underground storage tanks;
16-22 (3) one member must be a professional engineer
16-23 registered to practice in this state;
16-24 (4) one member must be a person who is not eligible
16-25 for a license under this subchapter <Act> but who has demonstrated
16-26 experience in environmental protection, fire protection, or the
16-27 operation and maintenance of underground storage tanks;
17-1 (5) three members must be persons who own construction
17-2 firms engaged in installation of underground petroleum storage
17-3 tanks in this state <the State of Texas>; and
17-4 (6) one member must be a representative of the
17-5 financial industry with experience in underground storage tank
17-6 corrective action.
17-7 (d) The governor annually shall designate one member to
17-8 serve as chairman. The committee, at a minimum, shall meet
17-9 quarterly, at the call of the chairman, or at the call of the
17-10 chairman of the commission.
17-11 (e) The committee shall provide technical expertise to the
17-12 commission regarding petroleum storage tanks and shall advise the
17-13 commission in the adoption of rules relating <pertaining> to:
17-14 (1) the commission's petroleum storage tank program;
17-15 <(31 TAC Chapter 334)> and
17-16 (2) <for> the licensing and regulation of installers
17-17 and corrective action specialists.
17-18 (f) Article 6252-33, Revised Statutes, does not apply to the
17-19 committee.
17-20 Sec. 26.461 <11>. Criminal, Civil, and Administrative
17-21 Penalties. (a) A person or business entity commits an offense if
17-22 the person or business entity engages in <supervises> the
17-23 installation, repair, or removal of an underground storage tank and
17-24 the person or business entity:
17-25 (1) does not hold a certificate of registration issued
17-26 under Section 26.452; and
17-27 (2) is not under the substantial control of a person
18-1 or business entity who holds a certificate of registration issued
18-2 under Section 26.452.
18-3 (b) A person commits an offense if the person performs or
18-4 supervises the installation, repair, or removal of an underground
18-5 storage tank unless:
18-6 (1) the person holds a license issued under Section
18-7 26.456; or
18-8 (2) another person who holds a license issued under
18-9 Section 26.456 is substantially responsible for the performance or
18-10 supervision of the installation, repair, or removal.
18-11 (c) A person or business entity commits an offense if the
18-12 person or business entity:
18-13 (1) authorizes or allows the installation, repair, or
18-14 removal of an underground storage tank to be conducted by a person
18-15 or business entity who does not hold a certificate of registration
18-16 issued under Section 26.452; or
18-17 (2) authorizes or allows the installation, repair, or
18-18 removal of an underground storage tank to be performed or
18-19 supervised by a person or business entity who does not hold a
18-20 license issued under Section 26.456.
18-21 (d) A person or business entity commits an offense if the
18-22 conduct of the person or business entity makes the person or
18-23 business entity responsible for a violation of this subchapter or
18-24 of a rule adopted or order issued under this subchapter. <in a
18-25 manner that fails to comply with the requirements of Section 3 of
18-26 this Act.>
18-27 (e) <(b)> An offense under <Subsection (a) of> this section
19-1 is a Class A misdemeanor.
19-2 (f) <(c)> A person or business entity who commits
19-3 <committing> an offense under <Subsection (a) of> this section may
19-4 be assessed a civil penalty by the commission in an amount not to
19-5 exceed $2,500 for each day of violation.
19-6 (g) In addition to the criminal and civil penalties imposed
19-7 under this section, a person or business entity who commits an
19-8 offense under this section or who violates Subchapter I or a rule
19-9 adopted or order issued under Subchapter I is subject to an
19-10 administrative penalty as provided by Section 26.136. <(d) If an
19-11 owner fails to comply with the requirements of Section 3 of this
19-12 Act, or a rule adopted by the commission to implement this Act, the
19-13 person may be assessed a civil penalty by the commission in an
19-14 amount not to exceed $2,500 for each day of the violation.>
19-15 <Sec. 12. ><Initial appointments><. In making the initial
19-16 appointments to the advisory committee, the governor shall
19-17 designate three members for terms expiring in 1991, three members
19-18 for terms expiring in 1993, and three members for terms expiring in
19-19 1995.>
19-20 <Sec. 13. ><Effective date for license requirement><. A person
19-21 is not required to obtain a license under this Act until February
19-22 1, 1990.>
19-23 SECTION 5. The Petroleum Storage Tank Advisory Committee
19-24 established under Chapter 244, Acts of the 71st Legislature,
19-25 Regular Session, 1989 (Article 8900, Vernon's Texas Civil
19-26 Statutes), is continued under Chapter 26, Water Code, as amended by
19-27 this Act. A person serving on that advisory committee on the
20-1 effective date of this Act is entitled to continue to serve until
20-2 the expiration of the person's term.
20-3 SECTION 6. (a) The change in law made by Section 26.461,
20-4 Water Code, as added by this Act, applies only to an offense
20-5 committed or violation that occurs on or after the effective date
20-6 of this Act. For purposes of this section, an offense is committed
20-7 before the effective date of this Act if any element of the offense
20-8 occurred before that date.
20-9 (b) An offense committed or violation that occurred before
20-10 the effective date of this Act is governed by the law in effect
20-11 when the offense was committed or violation occurred, and the
20-12 former law is continued in effect for that purpose.
20-13 SECTION 7. This Act takes effect September 1, 1995.
20-14 SECTION 8. The importance of this legislation and the
20-15 crowded condition of the calendars in both houses create an
20-16 emergency and an imperative public necessity that the
20-17 constitutional rule requiring bills to be read on three several
20-18 days in each house be suspended, and this rule is hereby suspended.