By Sims S.B. No. 1111
74R2670 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and duties of the petroleum storage tank
1-3 review board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter I, Chapter 26, Water Code, is amended
1-6 by adding Sections 26.360 through 26.367 to read as follows:
1-7 Sec. 26.360. PETROLEUM STORAGE TANK REVIEW BOARD. (a) The
1-8 petroleum storage tank review board is an agency of the state.
1-9 (b) The board consists of six members appointed by the
1-10 governor with the advice and consent of the senate, of whom:
1-11 (1) one must be a professional engineer registered to
1-12 practice in this state and knowledgeable about underground
1-13 petroleum storage tanks and the causes of contamination from those
1-14 tanks;
1-15 (2) two must be owners or operators of petroleum
1-16 storage tanks with experience in underground petroleum storage tank
1-17 corrective action;
1-18 (3) one must be a geologist;
1-19 (4) one must be a representative of the financial
1-20 industry with experience in underground petroleum storage tank
1-21 corrective action; and
1-22 (5) one must be a resident of the state representing
1-23 the general public who is not associated with, or the spouse of
1-24 anyone associated with, the operation, installation, or removal of
2-1 underground petroleum storage tanks.
2-2 (c) Not more than two board members may be appointed from
2-3 the same metropolitan area.
2-4 (d) Board members serve for staggered six-year terms, with
2-5 the terms of two members expiring February 1 of each odd-numbered
2-6 year. A board member is not eligible for appointment to a
2-7 successive term.
2-8 (e) A member appointed by the governor to fill a vacancy
2-9 serves only for the remainder of the unexpired term.
2-10 (f) Board members serve without compensation but are
2-11 entitled to reimbursement for actual and necessary expenses
2-12 incurred in performing their official duties in amounts provided by
2-13 the General Appropriations Act.
2-14 Sec. 26.361. PRESIDING OFFICER OF REVIEW BOARD. The
2-15 governor annually shall appoint one member of the petroleum storage
2-16 tank review board to serve as presiding officer.
2-17 Sec. 26.362. REVIEW BOARD: QUORUM; VOTING. (a) A majority
2-18 of the petroleum storage tank review board constitutes a quorum.
2-19 (b) The presiding officer may cast an additional vote to
2-20 break a tie.
2-21 Sec. 26.363. JURISDICTION OF REVIEW BOARD; POWERS AND
2-22 DUTIES. (a) The petroleum storage tank review board has exclusive
2-23 jurisdiction over administrative review of a claim for payment from
2-24 the petroleum storage tank remediation fund made by an owner or
2-25 operator of an underground petroleum storage tank or an underground
2-26 petroleum storage tank system that the commission, after auditing
2-27 the claim under Section 26.35735, has denied.
3-1 (b) The review board may:
3-2 (1) obtain legal services from the commission's legal
3-3 staff for purposes of fulfilling the review board's duties;
3-4 (2) administer oaths;
3-5 (3) take testimony;
3-6 (4) rule on a question of evidence;
3-7 (5) issue an order relating to discovery or another
3-8 hearing matter; and
3-9 (6) issue a decision that includes findings of fact
3-10 and conclusions of law.
3-11 (c) The review board shall adopt rules necessary to carry
3-12 out its duties under Sections 26.360 through 26.367.
3-13 Sec. 26.364. REQUEST FOR HEARING BY REVIEW BOARD. (a) An
3-14 owner or operator described in Section 26.363(a) may request a
3-15 hearing by the petroleum storage tank review board.
3-16 (b) A request for a hearing must be made in writing to the
3-17 review board not later than the 30th day after the date on which
3-18 the owner or operator receives notice that the commission, after an
3-19 audit under Section 26.35735, has denied the owner's or operator's
3-20 claim for payment.
3-21 Sec. 26.365. PROCEDURE FOR HEARING BY REVIEW BOARD. (a)
3-22 Except as otherwise provided by Sections 26.360 through 26.367 and
3-23 to the extent applicable, Subchapters C through H, Chapter 2001,
3-24 Government Code, apply to a hearing held by the petroleum storage
3-25 tank review board in the same manner that those subchapters apply
3-26 to a state agency as defined by that chapter.
3-27 (b) The commission is a party to a hearing held by the
4-1 review board.
4-2 (c) The review board shall consider applicable commission
4-3 rules or policies in conducting a hearing. The commission shall
4-4 provide the review board with a written statement of applicable
4-5 rules or policies.
4-6 (d) The commission may not attempt to influence the findings
4-7 of fact or the review board's application of the law in a hearing
4-8 except by proper evidence and legal argument.
4-9 (e) The commission may not change a finding of fact or
4-10 conclusion of law made by the review board or vacate or modify an
4-11 order issued by the review board.
4-12 Sec. 26.366. APPEAL OF FINAL DECISION OF REVIEW BOARD. A
4-13 party to a hearing by the petroleum storage tank review board may
4-14 appeal the final decision of the review board as provided by
4-15 Subchapter G, Chapter 2001, Government Code.
4-16 Sec. 26.367. ASSISTANCE OF COMMISSION STAFF. Commission
4-17 staff shall:
4-18 (1) assist the petroleum storage tank review board in
4-19 scheduling and setting up review board hearings;
4-20 (2) make available to the review board, in a timely
4-21 manner, any commission documentation needed for a review board
4-22 hearing; and
4-23 (3) provide other support services the review board
4-24 may require.
4-25 SECTION 2. (a) The governor shall appoint six initial
4-26 members to the petroleum storage tank review board as soon as
4-27 practicable after the effective date of this Act, and not later
5-1 than February 1, 1996, for staggered terms beginning February 1,
5-2 1996.
5-3 (b) Initial members of the petroleum storage tank review
5-4 board shall draw lots to determine which members serve initial
5-5 terms expiring February 1, 1997, February 1, 1999, and February 1,
5-6 2001.
5-7 SECTION 3. Not later than May 1, 1996, the petroleum storage
5-8 tank review board shall adopt any rules necessary to the
5-9 performance of its duties under Sections 26.360 through 26.367,
5-10 Water Code, as added by this Act.
5-11 SECTION 4. (a) This Act takes effect September 1, 1995.
5-12 (b) The change in law made by Sections 26.360 through
5-13 26.367, Water Code, as added by this Act, applies only to
5-14 administrative review of a claim that the Texas Natural Resource
5-15 Conservation Commission, after an audit under Section 26.35735,
5-16 Water Code, denies on or after May 1, 1996.
5-17 SECTION 5. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.