1-1 By: Alexander (Senate Sponsor - Brown) H.B. No. 2587
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 10, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 May 10, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2587 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of certain aboveground and underground
1-11 storage tanks and the regulation of underground storage tank
1-12 installers; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 26.341(b), Water Code, is amended to read
1-15 as follows:
1-16 (b) The legislature declares that it is the policy of this
1-17 state and the purpose of this subchapter to:
1-18 (1) maintain and protect the quality of groundwater
1-19 and surface water resources in the state from certain substances in
1-20 underground and aboveground storage tanks that may pollute
1-21 groundwater and surface water resources; and
1-22 (2) require the use of all reasonable methods,
1-23 including risk-based corrective action, to implement this policy.
1-24 SECTION 2. Section 26.342, Water Code, is amended by adding
1-25 a new Subdivision (13) and renumbering subsequent subdivisions to
1-26 read as follows:
1-27 (13) "Risk-based corrective action" means site
1-28 assessment or site remediation, the timing, type, and degree of
1-29 which is determined according to case-by-case consideration of
1-30 actual or potential risk to public health from environmental
1-31 exposure to a regulated substance released from a leaking
1-32 underground or aboveground storage tank.
1-33 (14) <(13)> "Spent oil" means a regulated substance
1-34 that is a lubricating oil or similar petroleum substance which has
1-35 been refined from crude oil, used for its designed or intended
1-36 purposes, and contaminated as a result of that use by physical or
1-37 chemical impurities, including spent motor vehicle lubricating
1-38 oils, transmission fluid, or brake fluid.
1-39 (15) <(14)> "Underground storage tank" means any one
1-40 or combination of underground tanks and any connecting underground
1-41 pipes used to contain an accumulation of regulated substances, the
1-42 volume of which, including the volume of the connecting underground
1-43 pipes, is 10 percent or more beneath the surface of the ground.
1-44 (16) <(15)> "Vehicle service and fueling facility"
1-45 means a facility where motor vehicles are serviced or repaired and
1-46 where petroleum products are stored and dispensed from fixed
1-47 equipment into the fuel tanks of motor vehicles.
1-48 SECTION 3. Section 26.346, Water Code, is amended by adding
1-49 Subsections (e) and (f) to read as follows:
1-50 (e) The owner or operator of an underground or aboveground
1-51 storage tank installed before December 1, 1995, that is required to
1-52 be registered under this section and that has not been registered
1-53 on or before December 31, 1995, is not eligible to receive
1-54 reimbursement for that tank from the petroleum storage tank
1-55 remediation fund except for:
1-56 (1) an owner of a registered facility who discovers an
1-57 unregistered tank while removing, upgrading, or replacing a tank or
1-58 while performing a site assessment;
1-59 (2) a state or local governmental agency that
1-60 purchases a right-of-way and discovers during construction an
1-61 unregistered tank in the right-of-way; or
1-62 (3) a property owner who reasonably could not have
1-63 known that a tank was located on the property because a title
1-64 search or the previous use of the property does not indicate a tank
1-65 on the property.
1-66 (f) The owner or operator of an underground or aboveground
1-67 storage tank installed on or after December 1, 1995, must register
1-68 the tank under this section not later than the 30th day after the
2-1 date the installation is completed to be eligible for reimbursement
2-2 for the new tank.
2-3 SECTION 4. Subchapter I, Chapter 26, Water Code, is amended
2-4 by adding Section 26.3475 to read as follows:
2-5 Sec. 26.3475. RELEASE DETECTION REQUIREMENTS; SPILL AND
2-6 OVERFILL PREVENTION; CORROSION PROTECTION; NOTICE OF VIOLATION;
2-7 SHUTDOWN. (a) All piping in an underground storage tank system
2-8 that routinely conveys regulated substances under pressure must
2-9 comply with commission requirements for pressurized piping release
2-10 detection equipment.
2-11 (b) All piping in an underground storage tank system that
2-12 routinely conveys regulated substances under suction must comply
2-13 with commission requirements for suction-type piping release
2-14 detection equipment.
2-15 (c) A tank in an underground storage tank system must comply
2-16 with commission requirements for:
2-17 (1) tank release detection equipment; and
2-18 (2) spill and overfill equipment.
2-19 (d) An underground storage tank system must comply with
2-20 commission requirements for applicable tank integrity assessment
2-21 and corrosion protection not later than December 22, 1998.
2-22 (e) The commission may issue a notice of violation to the
2-23 owner or operator of an underground storage tank system that does
2-24 not comply with this section, informing the owner or operator of
2-25 the nature of the violation and that the commission may order the
2-26 noncomplying underground storage tank system placed out of service
2-27 if the owner or operator does not correct the violation within 30
2-28 days after the date the notice is received. If the owner or
2-29 operator does not correct the violation within the prescribed time,
2-30 the commission may order the noncomplying underground storage tank
2-31 system out of service.
2-32 SECTION 5. Section 26.3512, Water Code, is amended by
2-33 amending Subsections (b) and (e) and by adding Subsections (f)-(k)
2-34 to read as follows:
2-35 (b) Funds from the petroleum storage tank remediation fund
2-36 may not be used to pay, and the owner or operator of a petroleum
2-37 storage tank ordered by the commission to take corrective action is
2-38 responsible for payment of, the following:
2-39 (1) the owner or operator contribution described by
2-40 Subsections (e)-(k) <Subsection (e) of this section>;
2-41 (2) any expenses for corrective action that exceed the
2-42 applicable amount specified by Section 26.3573(l) <$1 million for
2-43 each occurrence>;
2-44 (3) any expenses for corrective action that are not
2-45 covered by payment from the petroleum storage tank remediation fund
2-46 under the rules or decisions of the commission under this
2-47 subchapter; <or>
2-48 (4) any expenses for corrective action not ordered or
2-49 agreed to by the commission; or
2-50 (5) any expenses for corrective action incurred for
2-51 confirmed releases initially discovered and reported to the
2-52 commission after December 22, 1998.
2-53 (e) If an owner or operator submits a site assessment in
2-54 accordance with commission rules before December 23, 1996, the <An>
2-55 owner or operator shall pay under Subsection (b)(1) <of this
2-56 section> the first expenses for corrective action taken for each
2-57 occurrence as follows:
2-58 (1) a person who owns or operates 1,000 or more single
2-59 petroleum storage tanks, the first $10,000;
2-60 (2) a person who owns or operates not fewer than 100
2-61 or more than 999 single petroleum storage tanks, the first $5,000;
2-62 (3) a person who owns or operates not fewer than 13 or
2-63 more than 99 single petroleum storage tanks, the first $2,500; and
2-64 (4) a person who owns or operates fewer than 13 single
2-65 petroleum storage tanks, the first $1,000.
2-66 (f) If an owner or operator does not submit a site
2-67 assessment in accordance with commission rules before December 23,
2-68 1996, the owner or operator shall pay under Subsection (b)(1) the
2-69 first expenses for corrective action taken for each occurrence as
2-70 follows:
3-1 (1) a person who owns or operates 1,000 or more single
3-2 petroleum storage tanks, the first $20,000;
3-3 (2) a person who owns or operates not fewer than 100
3-4 or more than 999 single petroleum storage tanks, the first $10,000;
3-5 (3) a person who owns or operates not fewer than 13 or
3-6 more than 99 single petroleum storage tanks, the first $5,000; and
3-7 (4) a person who owns or operates fewer than 13 single
3-8 petroleum storage tanks, the first $2,000.
3-9 (g) If an owner or operator's corrective action plan is
3-10 approved by the commission under Section 26.3572 before December
3-11 23, 1997, the owner or operator shall pay under Subsection (b)(1)
3-12 the amount provided by Subsection (e) for the first expenses for
3-13 corrective action taken for each occurrence.
3-14 (h) If an owner or operator's corrective action plan is not
3-15 approved by the commission under Section 26.3572 before December
3-16 23, 1997, the owner or operator shall pay under Subsection (b)(1)
3-17 the first expenses for corrective action taken for each occurrence
3-18 as follows:
3-19 (1) a person who owns or operates 1,000 or more single
3-20 petroleum storage tanks, the first $40,000;
3-21 (2) a person who owns or operates not fewer than 100
3-22 or more than 999 single petroleum storage tanks, the first $20,000;
3-23 (3) a person who owns or operates not fewer than 13 or
3-24 more than 99 single petroleum storage tanks, the first $10,000; and
3-25 (4) a person who owns or operates fewer than 13 single
3-26 petroleum storage tanks, the first $4,000.
3-27 (i) If an owner or operator has a corrective action plan
3-28 approved by the commission under Section 26.3572 and before
3-29 December 23, 1998, has met the goals specified in the plan to be
3-30 met by that date, the owner or operator shall pay under Subsection
3-31 (b)(1) the amount specified by Subsection (e) for the first
3-32 expenses for corrective action taken for each occurrence.
3-33 (j) If an owner or operator does not have a corrective
3-34 action plan approved by the commission under Section 26.3572 or, on
3-35 December 23, 1998, has not met the goals specified in the plan to
3-36 be met by that date, the owner or operator shall pay under
3-37 Subsection (b)(1) the first expenses for corrective action taken
3-38 for each occurrence as follows:
3-39 (1) a person who owns or operates 1,000 or more single
3-40 petroleum storage tanks, the first $80,000;
3-41 (2) a person who owns or operates not fewer than 100
3-42 or more than 999 single petroleum storage tanks, the first $40,000;
3-43 (3) a person who owns or operates not fewer than 13 or
3-44 more than 99 single petroleum storage tanks, the first $20,000; and
3-45 (4) a person who owns or operates fewer than 13 single
3-46 petroleum storage tanks, the first $8,000.
3-47 (k) An owner or operator of a site for which a closure
3-48 letter has been issued under Section 26.3572 shall pay under
3-49 Subsection (b)(1) the first $50,000 of expenses for corrective
3-50 action for each occurrence.
3-51 SECTION 6. Section 26.3513, Water Code, is amended by adding
3-52 Subsection (m) to read as follows:
3-53 (m) The commission shall consider the person who is in
3-54 day-to-day control of a petroleum storage tank system at a site
3-55 that is in violation of this subchapter to be the:
3-56 (1) person primarily responsible for taking corrective
3-57 action, for corrective action costs, for receiving a notice of
3-58 violation, or for paying a penalty assessed; and
3-59 (2) primary subject of an enforcement action or order
3-60 under this subchapter.
3-61 SECTION 7. Section 26.3514, Water Code, is amended by adding
3-62 Subsections (f), (g), (h), and (i) to read as follows:
3-63 (f) A lender described by Subsection (a) is not liable as an
3-64 owner or operator under this subchapter because the lender sells,
3-65 re-leases, liquidates, or winds up operations and takes measures to
3-66 preserve, protect, or prepare the secured aboveground or
3-67 underground storage tank before sale or other disposition of the
3-68 storage tank or the property if the lender:
3-69 (1) did not participate in the management of an
3-70 aboveground or underground storage tank or real or personal
4-1 property described by Subsection (a) before foreclosure or its
4-2 equivalent on the storage tank or the property; and
4-3 (2) establishes, as provided by Subsection (g), that
4-4 the ownership indicia maintained after foreclosure continue to be
4-5 held primarily to protect a security interest.
4-6 (g) A lender may establish that the ownership indicia
4-7 maintained after foreclosure continue to be held primarily to
4-8 protect a security interest if, within 12 months after foreclosure,
4-9 the lender:
4-10 (1) lists the aboveground or underground storage tank,
4-11 or the facility or property on which the tank is located, with a
4-12 broker, dealer, or agent who deals in that type of property; or
4-13 (2) advertises the aboveground or underground storage
4-14 tank for sale or other disposition, at least monthly, in:
4-15 (A) a real estate publication;
4-16 (B) a trade or other publication appropriate for
4-17 the aboveground or underground storage tank being advertised; or
4-18 (C) a newspaper of general circulation in the
4-19 area in which the aboveground or underground storage tank is
4-20 located.
4-21 (h) For purposes of Subsection (g), the 12-month period
4-22 begins:
4-23 (1) when the lender acquires marketable title, if the
4-24 lender, after the expiration of any redemption period or other
4-25 waiting period required by law, was acting diligently to acquire
4-26 marketable title; or
4-27 (2) on the date of foreclosure or its equivalent, if
4-28 the lender does not act diligently to acquire marketable title.
4-29 (i) If a lender outbids, rejects, or does not act on an
4-30 offer of fair consideration for the aboveground or underground
4-31 storage tank or the facility or property on which the storage tank
4-32 is located, it is presumed that the lender is not holding the
4-33 ownership indicia primarily to protect the security interest unless
4-34 the lender is required, in order to avoid liability under federal
4-35 or state law, to make the higher bid, obtain the higher offer, or
4-36 seek or obtain an offer in a different manner.
4-37 SECTION 8. Section 26.352, Water Code, is amended to read as
4-38 follows:
4-39 Sec. 26.352. FINANCIAL RESPONSIBILITY. (a) The commission
4-40 by rule shall adopt requirements for maintaining evidence of
4-41 financial responsibility for taking corrective action and
4-42 compensating third parties for bodily injury and property damage
4-43 caused by sudden and nonsudden accidental releases arising from
4-44 operating an underground storage tank.
4-45 (b) The rules must require that, after December 22, 1998,
4-46 the owner or operator of a site for which a closure letter has been
4-47 issued under Section 26.3572 shall have insurance coverage or
4-48 evidence of financial responsibility sufficient to satisfy all
4-49 financial responsibility requirements under federal law or
4-50 regulations. The rules must require that an owner or operator of a
4-51 site that has been issued a closure letter and who is eligible to
4-52 have a portion of any future corrective action costs paid under
4-53 Section 26.3512 shall have insurance coverage or evidence of
4-54 financial responsibility sufficient to satisfy the first expenses
4-55 for corrective action as provided by Section 26.3512(k).
4-56 (c) The commission shall seek the assistance of the Texas
4-57 Department of Insurance in developing the minimum requirements for
4-58 insurance coverage required under this section.
4-59 (d) An owner or operator of an underground storage tank may
4-60 submit the registration certificate issued by the commission to the
4-61 owner or operator under Section 26.346 of this code to the United
4-62 States Environmental Protection Agency as evidence of the owner's
4-63 or operator's eligibility for funds for any expense for corrective
4-64 action incurred for confirmed releases initially discovered and
4-65 reported to the commission on or before December 22, 1998 <from the
4-66 petroleum storage tank remediation fund>.
4-67 (e) A registration certificate issued under Section 26.346
4-68 is not acceptable evidence of financial responsibility for:
4-69 (1) an underground storage tank that contains a
4-70 petroleum substance other than:
5-1 (A) a petroleum product; or
5-2 (B) spent oil or hydraulic fluid if the tank is
5-3 located at a vehicle service and fueling facility and is used as
5-4 part of the operations of that facility; or
5-5 (2) any expenses for corrective action for confirmed
5-6 releases initially discovered and reported to the commission after
5-7 December 22, 1998.
5-8 (f) The commission shall enforce this section and may impose
5-9 administrative and civil penalties on the owners or operators of
5-10 underground storage tanks if acceptable evidence of financial
5-11 responsibility is not maintained. An owner or operator commits an
5-12 offense if the owner or operator operates an underground storage
5-13 tank knowing that acceptable evidence of financial responsibility
5-14 does not exist and is subject to criminal prosecution as provided
5-15 by Subchapter F. The commission may seek injunctive relief in the
5-16 district courts of Travis County to force the temporary or
5-17 permanent closure of an underground storage tank for which
5-18 acceptable evidence of financial responsibility is not maintained.
5-19 SECTION 9. Section 26.3572, Water Code, is amended by
5-20 amending Subsections (b) and (c) and by adding Subsection (d) to
5-21 read as follows:
5-22 (b) In administering the program, the commission shall:
5-23 (1) negotiate with or direct responsible parties in
5-24 site assessment and remediation matters using risk-based corrective
5-25 action;
5-26 (2) approve site-specific corrective action plans for
5-27 each site as necessary, using risk-based corrective action;
5-28 (3) review and inspect site assessment and remedial
5-29 activities and reports; <and>
5-30 (4) use risk-based corrective action procedures as
5-31 determined by commission rule to establish cleanup levels;
5-32 (5) adopt by rule criteria for assigning a priority to
5-33 each site using risk-based corrective action and assign a priority
5-34 to each site according to those criteria;
5-35 (6) adopt by rule criteria for:
5-36 (A) risk-based corrective action site closures;
5-37 and
5-38 (B) the issuance of a closure letter to the
5-39 owner or operator of a tank site on completion of the commission's
5-40 corrective action requirements; and
5-41 (7) process claims for petroleum storage tank
5-42 remediation fund disbursement.
5-43 (c) The commission by rule may approve site assessment
5-44 methodologies. The commission shall approve or disapprove a site
5-45 assessment or corrective action plan, as defined by commission
5-46 rule, on or before the 30th day after the commission receives the
5-47 assessment or plan. The commission shall adopt by rule criteria to
5-48 be used to determine:
5-49 (1) the necessity for site assessment; and
5-50 (2) the nature of the site assessment required.
5-51 (d) The commission may not approve a corrective action plan
5-52 until the commission and the owner or operator of the site by
5-53 agreement set specific goals in the plan for completing discrete
5-54 corrective action tasks before specified dates. The owner or
5-55 operator is responsible for meeting the goals.
5-56 SECTION 10. Sections 26.3573(d), (f), (h), (i), (k), and
5-57 (p), Water Code, are amended to read as follows:
5-58 (d) The commission may use the money in the petroleum
5-59 storage tank remediation fund to pay:
5-60 (1) necessary expenses associated with the
5-61 administration of the petroleum storage tank remediation fund and
5-62 the groundwater protection cleanup program, not to exceed an amount
5-63 equal to five percent of the gross receipts of that fund, provided
5-64 that the increment between two and five <three> percent of the
5-65 gross receipts may be used only to pay administrative expenses
5-66 associated with regulating petroleum storage tanks, reimbursing
5-67 eligible owners and operators, <and> disposing of contaminated
5-68 soils, and <further provided that the increment between three and
5-69 five percent of the gross receipts may be used only to pay
5-70 administrative expenses associated with> conducting claims audits
6-1 in accordance with Section 26.35735 of this code<, reimbursing
6-2 eligible owners and operators, and disposing of contaminated
6-3 soils>;
6-4 (2) expenses associated with investigation, cleanup,
6-5 or corrective action measures performed in response to a release or
6-6 threatened release from a petroleum storage tank, whether those
6-7 expenses are incurred by the commission or pursuant to a contract
6-8 between a contractor and an eligible owner or operator as
6-9 authorized by this subchapter; and
6-10 (3) subject to the conditions of Subsection (e) of
6-11 this section, expenses associated with investigation, cleanup, or
6-12 corrective action measures performed in response to a release or
6-13 threatened release of hydraulic fluid or spent oil from hydraulic
6-14 lift systems or tanks located at a vehicle service and fueling
6-15 facility and used as part of the operations of that facility.
6-16 (f) The commission, in accordance with this subchapter and
6-17 rules adopted under this subchapter, may:
6-18 (1) contract directly with a person to perform
6-19 corrective action and pay the contractor from the petroleum storage
6-20 tank remediation fund;
6-21 (2) reimburse an eligible owner or operator from the
6-22 petroleum storage tank remediation fund for the expenses of a
6-23 corrective action that was:
6-24 (A) performed on or after September 1, 1987; and
6-25 (B) conducted in response to a confirmed release
6-26 that was initially discovered and reported to the commission on or
6-27 before December 22, 1998; or
6-28 (3) pay the claim of a person who has contracted with
6-29 an eligible owner or operator to perform corrective action with
6-30 funds from the petroleum storage tank remediation fund.
6-31 (h) Consistent with the objectives provided under Subsection
6-32 (g) of this section and this subchapter, the commission may by rule
6-33 adopt:
6-34 (1) guidelines the commission considers necessary for
6-35 determining the amounts that may be paid from the petroleum storage
6-36 tank remediation fund; and
6-37 (2) guidelines concerning reimbursement for expenses
6-38 incurred by an eligible owner or operator and covered under Section
6-39 26.3512(d) of this code<; and>
6-40 <(3) minimum qualifications the commission considers
6-41 necessary for a person with whom an eligible owner or operator may
6-42 contract to participate in corrective action>.
6-43 (i) The commission by rule may implement a registration
6-44 program for persons who contract with an owner or operator of an
6-45 underground storage tank or an aboveground storage tank, or with
6-46 any other person, to perform corrective action under this
6-47 subchapter. The commission, on the request of an appropriately
6-48 licensed or registered professional engineer, shall register the
6-49 engineer in the program. An engineer registered in the program may
6-50 contract to perform corrective action under this subchapter unless
6-51 the State Board of Registration for Professional Engineers
6-52 determines the engineer is not qualified to perform a corrective
6-53 action. An engineer registered in the program is subject only to
6-54 the examination requirements, continuing education requirements,
6-55 fees, and disciplinary procedures adopted by the State Board of
6-56 Registration for Professional Engineers. The commission may adopt
6-57 minimum qualifications for a person, other than an appropriately
6-58 licensed or registered professional engineer, with whom an eligible
6-59 owner or operator <and> may contract to participate in a corrective
6-60 action and for a person, other than an appropriately licensed or
6-61 registered professional engineer, who performs or supervises the
6-62 corrective action. The commission may require <registration and>
6-63 the use of registered contractors and registered corrective action
6-64 supervisors by an eligible owner or operator as a prerequisite to
6-65 the payment of <receiving> money from the petroleum storage tank
6-66 remediation fund for corrective action under this subchapter. Any
6-67 qualified registered contractor may conduct the characterization,
6-68 study, appraisal, or investigation of a site. If a site
6-69 remediation involves the installation or construction of on-site
6-70 equipment, structures, or systems used in the extraction or
7-1 management of wastes, except for soil excavation and landfill
7-2 disposal or well sampling and monitoring, the owner or operator is
7-3 not eligible for reimbursement from the petroleum storage tank
7-4 remediation fund unless the plans and specifications for the
7-5 equipment, structures, or systems are sealed by an appropriately
7-6 licensed or registered professional engineer and the equipment,
7-7 structures, or systems are constructed under the supervision of an
7-8 appropriately licensed or registered professional engineer. The
7-9 commission by rule may establish a fee schedule and charge fees
7-10 necessary to defray the costs of administering the registration
7-11 program, including fees for processing applications, printing
7-12 certificates, conducting examinations, and similar activities.
7-13 Fees collected under this subsection shall be deposited in the
7-14 state treasury to the credit of the storage tank fund. A person
7-15 who violates a rule or order adopted by the commission under this
7-16 subsection is subject to the appropriate sanctions and penalties
7-17 imposed under this chapter.
7-18 (k) The commission shall satisfy a claim for payment that is
7-19 eligible to be paid under this subchapter and the rules adopted
7-20 under this subchapter made by a contractor, from the petroleum
7-21 storage tank remediation fund as provided by this section and rules
7-22 adopted by the commission under this section <Chapter 82, Acts of
7-23 the 69th Legislature, Regular Session, 1985 (Article 601f, Vernon's
7-24 Texas Civil Statutes)>, regardless of whether the commission:
7-25 (1) contracts directly for the goods or services; or
7-26 (2) pays a claim under a contract executed by a
7-27 petroleum storage tank owner or operator.
7-28 (p) Notwithstanding any other law to the contrary, an <An>
7-29 owner or operator, or an agent of an owner or operator, is <shall>
7-30 not <be> entitled to and may not<, nor shall> be paid<,> interest
7-31 on any claim for payment from the petroleum storage tank
7-32 remediation fund.
7-33 SECTION 11. Subchapter I, Chapter 26, Water Code, is amended
7-34 by adding Section 26.35731 to read as follows:
7-35 Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS
7-36 FOR REIMBURSEMENT. (a) Except as provided by Subsection (b), the
7-37 commission shall consider and process a claim by an eligible owner
7-38 or operator for reimbursement from the petroleum storage tank
7-39 remediation fund in the order in which it is received. The
7-40 commission shall consider and process all claims by eligible owners
7-41 and operators for reimbursement from the fund that were received
7-42 before September 1, 1995, before the commission considers a claim
7-43 received after that date.
7-44 (b) The commission may not consider, process, or pay a claim
7-45 for reimbursement from the petroleum storage tank remediation fund
7-46 for corrective action work begun after September 1, 1993, and
7-47 without prior commission approval until all claims for
7-48 reimbursement for corrective action work preapproved by the
7-49 commission have been considered, processed, and paid.
7-50 SECTION 12. Section 26.35735, Water Code, is amended by
7-51 adding Subsections (e) and (f) to read as follows:
7-52 (e) The commission may audit a claim for payment as required
7-53 by this section only:
7-54 (1) under guidelines adopted by commission rule that
7-55 relate to conducting an audit under this section and denying a
7-56 claim as a result of that audit and that are in effect when the
7-57 audit is conducted; or
7-58 (2) in a case of suspected fraud.
7-59 (f) Not later than the 90th day after an audit under this
7-60 section has been completed, the commission shall send a copy of the
7-61 audit to the person whose claim for payment is the subject of the
7-62 audit.
7-63 SECTION 13. Sections 26.3574(b), (x), and (y), Water Code,
7-64 are amended to read as follows:
7-65 (b) A fee is imposed on the delivery of a petroleum product
7-66 on withdrawal from bulk of that product as provided by this
7-67 subsection. Each operator of a bulk facility on withdrawal from
7-68 bulk of a petroleum product shall collect from the person who
7-69 orders the withdrawal a fee in an amount determined as follows:
7-70 (1) $25 <$12.50> for each delivery into a cargo tank
8-1 having a capacity of less than 2,500 gallons;
8-2 (2) $50 <$25> for each delivery into a cargo tank
8-3 having a capacity of 2,500 gallons or more but less than 5,000
8-4 gallons;
8-5 (3) $75 <$37.50> for each delivery into a cargo tank
8-6 having a capacity of 5,000 gallons or more but less than 8,000
8-7 gallons;
8-8 (4) $100 <$50> for each delivery into a cargo tank
8-9 having a capacity of 8,000 gallons or more but less than 10,000
8-10 gallons; and
8-11 (5) a $50 <$25> fee for each increment of 5,000
8-12 gallons or any part thereof delivered into a cargo tank having a
8-13 capacity of 10,000 gallons or more.
8-14 (x) After the deposits have been made to the credit of the
8-15 general revenue fund as required by Section 403.092(c)(1),
8-16 Government Code, as added by Chapter 533, Acts of the 73rd
8-17 Legislature, 1993, the <The> fee imposed under this section may not
8-18 be collected or required to be paid on or after the first day of
8-19 the second month following notification by the commission of the
8-20 date on which the unobligated balance in the petroleum storage tank
8-21 remediation fund equals or exceeds $125 million <during the
8-22 1990-1991 state fiscal biennium or $100 million thereafter>. The
8-23 commission shall notify the comptroller in writing of the date on
8-24 which the unobligated balance equals or exceeds $125 million
8-25 <during the 1990-1991 state fiscal biennium or $100 million
8-26 thereafter>.
8-27 (y) If the unobligated balance in the petroleum storage tank
8-28 remediation fund falls below <$50 million during the 1990-1991
8-29 state fiscal biennium or> $25 million <thereafter>, the fee shall
8-30 be reinstated, effective on the first day of the second month
8-31 following notification by the commission, in amounts determined as
8-32 follows:
8-33 (1) $12.50 for each delivery into a cargo tank having
8-34 a capacity of less than 2,500 gallons;
8-35 (2) $25 for each delivery into a cargo tank having a
8-36 capacity of 2,500 gallons or more but less than 5,000 gallons;
8-37 (3) $37.50 for each delivery into a cargo tank having
8-38 a capacity of 5,000 gallons or more but less than 8,000 gallons;
8-39 (4) $50 for each delivery into a cargo tank having a
8-40 capacity of 8,000 gallons or more but less than 10,000 gallons; and
8-41 (5) a $25 fee for each increment of 5,000 gallons or
8-42 any part thereof delivered into a cargo tank having a capacity of
8-43 10,000 gallons or more.
8-44 SECTION 14. Subchapter I, Chapter 26, Water Code, is amended
8-45 by adding Sections 26.360-26.363 to read as follows:
8-46 Sec. 26.360. PRIVATIZATION OF PROGRAM. Notwithstanding
8-47 other provisions of this subchapter, the commission by rule may
8-48 authorize the privatization of any part of the program established
8-49 under this subchapter.
8-50 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
8-51 Notwithstanding any other provision of this subchapter, the
8-52 reimbursement program established under this subchapter expires
8-53 September 1, 2001. On or after September 1, 2001, the commission
8-54 may not:
8-55 (1) use money from the petroleum storage tank
8-56 remediation fund to reimburse an eligible owner or operator for any
8-57 expenses of corrective action or to pay the claim of a person who
8-58 has contracted with an eligible owner or operator to perform
8-59 corrective action; or
8-60 (2) collect a fee under Section 26.3574 of this code.
8-61 Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. The
8-62 commission is immune from liability in any action against the
8-63 commission to test the validity of a closure letter issued under
8-64 Section 26.3572 if the letter is issued in accordance with
8-65 commission rules.
8-66 Sec. 26.363. RELIANCE ON CLOSURE LETTER. An owner or
8-67 operator to whom a closure letter for a site has been issued under
8-68 Section 26.3752 may not be held liable for the owner's or
8-69 operator's conduct taken in reliance on and within the scope of the
8-70 closure letter.
9-1 SECTION 15. Chapter 244, Acts of the 71st Legislature,
9-2 Regular Session, 1989 (Article 8900, Vernon's Texas Civil
9-3 Statutes), is redesignated as Subchapter K, Chapter 26, Water Code,
9-4 and amended to read as follows:
9-5 SUBCHAPTER K <Art. 8900>. UNDERGROUND STORAGE TANK
9-6 INSTALLERS<; REGULATIONS; PENALTIES>
9-7 Sec. 26.451 <1>. DEFINITIONS. In this subchapter <Act>:
9-8 (1) "Certificate of registration" means the document
9-9 issued to an underground storage tank contractor authorizing that
9-10 contractor to engage in the underground storage tank business in
9-11 this state. <"Commission" means the Texas Water Commission.>
9-12 (2) "Committee" means the Petroleum Storage Tank
9-13 Advisory Committee.
9-14 (3) "Critical junctures" means, in the case of an
9-15 installation, repair, or removal, all of the following steps:
9-16 (A) preparation of the tank bedding immediately
9-17 before receiving the tank;
9-18 (B) setting of the tank and the piping,
9-19 including placement of any anchoring devices, backfill to the level
9-20 of the tank, and strapping, if any;
9-21 (C) connection of piping systems to the tank;
9-22 (D) all pressure testing of the underground
9-23 storage tank, including associated piping, performed during the
9-24 installation;
9-25 (E) completion of backfill and filling of the
9-26 excavation;
9-27 (F) any time during the repair in which the
9-28 piping system is connected or reconnected to the tank;
9-29 (G) any time during the repair in which the tank
9-30 or its associated piping is tested; and
9-31 (H) any time during the removal of the tank.
9-32 (4) "Installation" means the installation of
9-33 underground storage tanks and ancillary equipment.
9-34 (5) <(4)> "Installer" means a person who participates
9-35 in or supervises the installation, repair, or removal of
9-36 underground storage tanks.
9-37 (6) "License" means the document issued to an
9-38 installer or on-site supervisor authorizing that person to engage
9-39 in the underground storage tank business in this state.
9-40 (7) "On-site supervisor" means:
9-41 (A) a professional engineer registered to
9-42 practice in this state who has met the licensing requirements under
9-43 Section 26.456; or
9-44 (B) a person who has at least two years of
9-45 active experience in the vocation of installation of underground
9-46 storage tanks, underground utilities, or other engineering
9-47 construction in this state and who meets the licensing requirements
9-48 under Section 26.456.
9-49 (8) <(5)> "Operator" means any person in control of,
9-50 or having responsibility for, the daily operation of the
9-51 underground storage tank system.
9-52 (9) <(6)> "Owner" means any person who owns an
9-53 underground storage tank system used for storage, use, or
9-54 dispensing of regulated substances.
9-55 (10) <(7)> "Person" means a natural person, including
9-56 an owner, manager, officer, employee, or occupant.
9-57 (11) <(8)> "Removal" means the process of removing and
9-58 disposing of an underground storage tank that is no longer in
9-59 service, or the process of abandoning an underground storage tank
9-60 in place after purging the tank of vapors and filling the vessel of
9-61 the tank with an inert material.
9-62 (12) <(9)> "Repair" means the modification or
9-63 correction of an underground storage tank and ancillary equipment.
9-64 The term does not include:
9-65 (A) relining an underground storage tank through
9-66 the application of epoxy resins or similar materials;
9-67 (B) the performance of a tightness test to
9-68 ascertain the integrity of the tank;
9-69 (C) the maintenance and inspection of cathodic
9-70 protection devices by a corrosion expert or corrosion technician;
10-1 (D) emergency actions to halt or prevent leaks
10-2 or ruptures; or
10-3 (E) minor maintenance on ancillary aboveground
10-4 equipment.
10-5 (13) <(10)> "Underground storage tank" has the meaning
10-6 assigned by Section 26.342<, Water Code>.
10-7 <(11) "On-site supervisor" means:>
10-8 <(A) a professional engineer registered to
10-9 practice in this state who has met the licensing requirements under
10-10 Section 6 of this Act; or>
10-11 <(B) an individual with at least two years of
10-12 active experience in the vocation of installation of underground
10-13 storage tanks, underground utilities, or other engineering
10-14 construction in the State of Texas and who meets the licensing
10-15 requirements under Section 6 of this Act.>
10-16 (14) <(12)> "Underground storage tank contractor"
10-17 means a person or business entity who <that> offers to undertake,
10-18 represents itself as being able to undertake, or does undertake to
10-19 install, repair, or remove underground storage tanks.
10-20 <(13) "Certificate of registration" means the document
10-21 issued to an underground storage tank contractor authorizing same
10-22 to engage in the underground storage tank business in this state.>
10-23 <(14) "License" means the document issued to an
10-24 installer or on-site supervisor authorizing same to engage in the
10-25 underground storage tank business in this state.>
10-26 <(15) "Critical junctures" means, in the case of an
10-27 installation, repair, or removal, all of the following steps:>
10-28 <(A) preparation of the tank bedding immediately
10-29 prior to receiving the tank;>
10-30 <(B) setting of the tank and the piping,
10-31 including placement of any anchoring devices, backfill to the level
10-32 of the tank, and strapping, if any;>
10-33 <(C) connection of piping systems to the tank;>
10-34 <(D) all pressure testing of the underground
10-35 storage tank, including associated piping, performed during the
10-36 installation;>
10-37 <(E) completion of backfill and filling of the
10-38 excavation;>
10-39 <(F) any time during the repair in which the
10-40 piping system is connected or reconnected to the tank;>
10-41 <(G) any time during the repair in which the
10-42 tank or its associated piping is tested; and>
10-43 <(H) any time during the removal of the tank.>
10-44 Sec. 26.452 <2>. Certificate of registration. (a) An
10-45 underground storage tank contractor must apply to the commission
10-46 for a certificate of registration on a form prescribed by the
10-47 commission. If the contractor is a partnership or joint venture,
10-48 it need not register in its own name if each partner or joint
10-49 venture is registered.
10-50 (b) A certificate of registration is valid for one year from
10-51 the date of issue and is renewable annually on payment of the
10-52 annual fee. An<; provided, however, that the> initial
10-53 certification of registration <issued on or after September 1,
10-54 1989,> may be issued for a period <periods> of less than one year
10-55 and the annual fee shall be prorated proportionally.
10-56 (c) Each certificate of registration must be posted in a
10-57 conspicuous place in the contractor's place of business.
10-58 (d) All bids, proposals, offers, and installation drawings
10-59 must prominently display the contractor's certificate of
10-60 registration number.
10-61 (e) A certificate of registration issued under this
10-62 subchapter <Act> is not transferable.
10-63 Sec. 26.453 <3>. License required. (a) An <Except as
10-64 provided for by Subsection (b) of this section, an> underground
10-65 storage tank may not be installed, repaired, or removed except by
10-66 an underground storage tank contractor who has an installer or an
10-67 on-site supervisor who is licensed by the commission under Section
10-68 26.456 <6 of this Act> at the site at all times during the critical
10-69 junctures of the installation, repair, or removal.
10-70 (b) <A license issued under this Act is not transferable.>
11-1 <(c)> This subchapter <Act> does not apply to the
11-2 installation of a storage tank or other facility exempt from
11-3 regulation under Section 26.344<, Water Code>.
11-4 Sec. 26.454 <4>. Powers and duties of commission. (a) The
11-5 commission shall:
11-6 (1) prescribe application forms for original and
11-7 renewal licenses; and
11-8 (2) take other action necessary to enforce this
11-9 subchapter <Act>.
11-10 (b) With the advice of the committee, the commission shall
11-11 adopt rules for the licensing of installers and on-site
11-12 supervisors.
11-13 (c) The commission may adopt rules relating to continuing
11-14 education requirements for installers and on-site supervisors.
11-15 Sec. 26.455 <5>. Examination. (a) At times and places
11-16 designated by the commission, the commission shall conduct an
11-17 examination of applicants for licensing as installers and on-site
11-18 supervisors.
11-19 (b) The commission shall prescribe the contents of the
11-20 examination. Questions used in the examination must be derived
11-21 from standards, instructions, and recommended practices published
11-22 by organizations with expertise in various aspects of installation,
11-23 removal, and repair of underground storage tanks, including the:
11-24 (1) Petroleum Equipment Institute;
11-25 (2) American Petroleum Institute;
11-26 (3) Steel Tank Institute;
11-27 (4) National Association of Corrosion Engineers;
11-28 (5) Fiberglass Petroleum Tank and Pipe Institute; and
11-29 (6) National Fire Protection Association.
11-30 (c) The commission shall determine standards for acceptable
11-31 performance on the examination.
11-32 (d) If requested by a license applicant who fails the
11-33 examination, the commission shall provide to the applicant an
11-34 analysis of the applicant's performance on the examination.
11-35 Sec. 26.456 <6>. License. (a) The commission shall issue
11-36 an installer or on-site supervisor license to an applicant who:
11-37 (1) is at least 18 years of age;
11-38 (2) meets the application requirements prescribed by
11-39 commission rule, including experience in installation of
11-40 underground storage tanks, underground utilities, or other
11-41 engineering construction in this state <the State of Texas>, not to
11-42 exceed two years of active experience;
11-43 (3) passes the licensing examination;
11-44 (4) pays the application, examination, and licensing
11-45 fees; and
11-46 (5) meets reasonable training requirements as
11-47 determined by the commission.
11-48 (b) A license issued under this subchapter <Act> is valid
11-49 throughout this state but is not assignable or transferable.
11-50 Sec. 26.457 <7>. License renewal. (a) A license is valid
11-51 for one year and may be renewed annually on or before February 1 on
11-52 payment of the required renewal fee and presentation of evidence
11-53 satisfactory to the commission of compliance with any continuing
11-54 education requirements adopted by the commission.
11-55 (b) If a licensee fails to renew the license by the required
11-56 date, the licensee may renew the license on payment of the renewal
11-57 fee and a late fee set by the commission. If the license is not
11-58 renewed earlier than one year after the date on which the license
11-59 expired, the licensee must retake the licensing examination
11-60 administered by the commission.
11-61 Sec. 26.458 <8>. Fees. (a) The commission shall charge
11-62 necessary fees to defray the costs of administering this subchapter
11-63 <the provisions of this Act>, which shall be deposited in the state
11-64 treasury to the credit of the <underground> storage tank account
11-65 <fund> and shall be used by the commission in administering <the
11-66 provisions of> this subchapter <Act>. The fees may not exceed the
11-67 following amounts:
11-68 (1) examination fee..............................$ 50;
11-69 (2) initial license application..................$200;
11-70 (3) annual license renewal fee...................$175;
12-1 (4) late renewal fee.............................$ 25;
12-2 (5) duplicate license fee........................$ 10;
12-3 (6) certification of registration application
12-4 fee...........................................................$ 50;
12-5 (7) certification of registration issuance fee...$100;
12-6 (8) certification of registration annual renewal
12-7 fee...........................................................$ 75;
12-8 (9) duplicate certification of registration or
12-9 license.......................................................$ 10;
12-10 (10) application to change certificate of
12-11 registration.................................................$ 70.
12-12 (b) If a person remits an examination fee and initial
12-13 license application fee, the examination fee shall be applied to
12-14 the license application fee so that an applicant does not <no
12-15 person shall> pay more than $200 for an initial application and
12-16 examination.
12-17 Sec. 26.459 <9>. Denial, suspension, or revocation of
12-18 license or certificate of registration; reinstatement. (a) The
12-19 commission may deny, suspend, revoke, or reinstate a license or
12-20 certificate of registration.
12-21 (b) The commission shall adopt rules establishing the
12-22 grounds for denial, suspension, revocation, or reinstatement of a
12-23 license or certificate of registration, and establishing procedures
12-24 for disciplinary actions.
12-25 (c) Proceedings relating to the suspension or revocation of
12-26 a license or certificate of registration issued under this
12-27 subchapter <Act> are subject to Chapter 2001, Government Code <the
12-28 Administrative Procedure and Texas Register Act (Article 6252-13a,
12-29 Vernon's Texas Civil Statutes)>.
12-30 (d) A person or business entity whose license or certificate
12-31 of registration has been revoked may apply for a new license or
12-32 certificate of registration after the expiration of one year from
12-33 the date of the revocation.
12-34 Sec. 26.460 <10. ADVISORY COMMITTEE. (a) The Petroleum
12-35 Storage Tank Advisory Committee is established.>
12-36 <(b) The committee is composed of nine members appointed by
12-37 the governor with the advice and consent of the senate. Committee
12-38 members serve for staggered six-year terms, with the terms of three
12-39 members expiring February 1 of each odd-numbered year. A member is
12-40 not eligible for appointment to successive terms.>
12-41 <(c) The governor shall appoint all members of the
12-42 committee, of whom:>
12-43 <(1) no more than three members may be appointed from
12-44 a single metropolitan area;>
12-45 <(2) three members must be persons with experience in
12-46 the operation of underground storage tanks;>
12-47 <(3) one member must be a professional engineer
12-48 registered to practice in this state;>
12-49 <(4) one member must be a person who is not eligible
12-50 for a license under this Act but who has demonstrated experience in
12-51 environmental protection, fire protection, or the operation and
12-52 maintenance of underground storage tanks;>
12-53 <(5) three members must be persons who own
12-54 construction firms engaged in installation of underground petroleum
12-55 storage tanks in the State of Texas; and>
12-56 <(6) one member must be a representative of the
12-57 financial industry with experience in underground storage tank
12-58 corrective action.>
12-59 <(d) The governor annually shall designate one member to
12-60 serve as chairman. The committee, at a minimum, shall meet
12-61 quarterly, at the call of the chairman, or at the call of the
12-62 chairman of the commission.>
12-63 <(e) The committee shall provide technical expertise to the
12-64 commission regarding petroleum storage tanks and shall advise the
12-65 commission in the adoption of rules pertaining to the commission's
12-66 petroleum storage tank program (31 TAC Chapter 334) and for the
12-67 licensing and regulation of installers and corrective action
12-68 specialists.>
12-69 <Sec. 11>. Criminal, Civil, and Administrative Penalties.
12-70 (a) A person or business entity commits an offense if the person
13-1 or business entity engages in <supervises> the installation,
13-2 repair, or removal of an underground storage tank and the person or
13-3 business entity:
13-4 (1) does not hold a certificate of registration issued
13-5 under Section 26.452; and
13-6 (2) is not under the substantial control of a person
13-7 or business entity who holds a certificate of registration issued
13-8 under Section 26.452.
13-9 (b) A person commits an offense if the person performs or
13-10 supervises the installation, repair, or removal of an underground
13-11 storage tank unless:
13-12 (1) the person holds a license issued under Section
13-13 26.456; or
13-14 (2) another person who holds a license issued under
13-15 Section 26.456 is substantially responsible for the performance or
13-16 supervision of the installation, repair, or removal.
13-17 (c) A person or business entity commits an offense if the
13-18 person or business entity:
13-19 (1) authorizes or allows the installation, repair, or
13-20 removal of an underground storage tank to be conducted by a person
13-21 or business entity who does not hold a certificate of registration
13-22 issued under Section 26.452; or
13-23 (2) authorizes or allows the installation, repair, or
13-24 removal of an underground storage tank to be performed or
13-25 supervised by a person or business entity who does not hold a
13-26 license issued under Section 26.456.
13-27 (d) A person or business entity commits an offense if the
13-28 conduct of the person or business entity makes the person or
13-29 business entity responsible for a violation of this subchapter or
13-30 of a rule adopted or order issued under this subchapter. <in a
13-31 manner that fails to comply with the requirements of Section 3 of
13-32 this Act.>
13-33 (e) <(b)> An offense under <Subsection (a) of> this section
13-34 is a Class A misdemeanor.
13-35 (f) <(c)> A person or business entity who commits
13-36 <committing> an offense under <Subsection (a) of> this section may
13-37 be assessed a civil penalty by the commission in an amount not to
13-38 exceed $2,500 for each day of violation.
13-39 (g) In addition to the criminal and civil penalties imposed
13-40 under this section, a person or business entity who commits an
13-41 offense under this section or who violates Subchapter I or a rule
13-42 adopted or order issued under Subchapter I is subject to an
13-43 administrative penalty as provided by Section 26.136. <(d) If an
13-44 owner fails to comply with the requirements of Section 3 of this
13-45 Act, or a rule adopted by the commission to implement this Act, the
13-46 person may be assessed a civil penalty by the commission in an
13-47 amount not to exceed $2,500 for each day of the violation.>
13-48 <Sec. 12. ><Initial appointments><. In making the initial
13-49 appointments to the advisory committee, the governor shall
13-50 designate three members for terms expiring in 1991, three members
13-51 for terms expiring in 1993, and three members for terms expiring in
13-52 1995.>
13-53 <Sec. 13. ><Effective date for license requirement><. A person
13-54 is not required to obtain a license under this Act until February
13-55 1, 1990.>
13-56 SECTION 16. Section 403.092(c), Government Code, as added by
13-57 Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
13-58 amended to read as follows:
13-59 (c)(1) The comptroller may temporarily transfer cash from
13-60 the general revenue fund to the petroleum storage tank remediation
13-61 fund during the 1996-1997 <1994-1995> biennium for the purpose of
13-62 paying reimbursement claims against that fund that are filed with
13-63 the Texas Natural Resource Conservation Commission on or before
13-64 August 31, 1995, and for paying the necessary expenses associated
13-65 with the administration of that fund. The amount of cash to be
13-66 transferred shall not exceed $120 million. The transfer shall be
13-67 made on September 1, 1995 <1993>, or as soon as practicable
13-68 thereafter.
13-69 (2) Notwithstanding other law, $80 million of the fees
13-70 collected under Section 26.3574, Water Code, shall be deposited to
14-1 the credit of the general revenue fund not later than August 31,
14-2 1996, and $40 million of those fees shall be deposited to the
14-3 credit of that fund not later than May 31, 1997 <until the amount
14-4 of the fee collections so deposited to the credit of the general
14-5 revenue fund equals the amount of the temporary cash transfer
14-6 authorized in Subdivision (1)>. The remaining fees <Fees>
14-7 collected under that section in excess of the amounts <amount>
14-8 required by this subdivision to be deposited to the credit of the
14-9 general revenue fund shall be deposited to the credit of the
14-10 petroleum storage tank remediation fund.
14-11 (3) The amount transferred under Subdivision (1) is a
14-12 receivable of the general revenue fund for the purpose of
14-13 statements that the comptroller submits under Article III, Section
14-14 49a, of the Texas Constitution. The transferred amount is
14-15 available for appropriation by the legislature.
14-16 (4) This subsection expires on the latter of August
14-17 31, 1997 <1995>, or the date of full repayment to the general
14-18 revenue fund of the amount required under Subdivision (2).
14-19 SECTION 17. (a) The change in law made by Section 26.460,
14-20 Water Code, as added by this Act, applies only to an offense
14-21 committed or violation that occurs on or after the effective date
14-22 of this Act. For purposes of this section, an offense is committed
14-23 before the effective date of this Act if any element of the offense
14-24 occurred before that date.
14-25 (b) An offense committed or violation that occurred before
14-26 the effective date of this Act is governed by the law in effect
14-27 when the offense was committed or violation occurred, and the
14-28 former law is continued in effect for that purpose.
14-29 SECTION 18. This Act takes effect September 1, 1995.
14-30 SECTION 19. The importance of this legislation and the
14-31 crowded condition of the calendars in both houses create an
14-32 emergency and an imperative public necessity that the
14-33 constitutional rule requiring bills to be read on three several
14-34 days in each house be suspended, and this rule is hereby suspended.
14-35 * * * * *