S.B. No. 1619
AN ACT
1-1 relating to the authority of the Texas Natural Resource
1-2 Conservation Commission to enter property, remediate certain
1-3 conditions related to hazardous substances, and recover costs
1-4 associated with remediation, to the authority of commission
1-5 contractors to enter property, and to the liability of certain
1-6 contractors who sign a waste manifest.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 26.014, Water Code (effective until
1-9 delegation of NPDES permit authority), is amended to read as
1-10 follows:
1-11 Sec. 26.014. POWER TO ENTER PROPERTY. The members of the
1-12 commission and employees and agents of the commission are entitled
1-13 to enter any public or private property at any reasonable time for
1-14 the purpose of inspecting and investigating conditions relating to
1-15 the quality of water in the state. Members, employees, or agents
1-16 of the commission and commission contractors are entitled to enter
1-17 public or private property at any reasonable time to investigate or
1-18 monitor or, if the responsible party is not responsive or there is
1-19 an immediate danger to public health or the environment, to remove
1-20 or remediate a condition related to the quality of water in the
1-21 state. Members, employees, commission contractors, or agents
1-22 acting under this authority who enter private property shall
1-23 observe the establishment's rules and regulations concerning
2-1 safety, internal security, and fire protection, and if the property
2-2 has management in residence, shall notify management or the person
2-3 then in charge of his presence and shall exhibit proper
2-4 credentials. If any member, employee, commission contractor, or
2-5 agent is refused the right to enter in or on public or private
2-6 property under this authority, the executive director may invoke
2-7 the remedies authorized in Section 26.123 of this code.
2-8 SECTION 2. Section 26.014, Water Code (effective upon
2-9 delegation of NPDES permit authority), is amended to read as
2-10 follows:
2-11 Sec. 26.014. POWER TO ENTER PROPERTY. The members of the
2-12 commission and employees and agents of the commission are entitled
2-13 to enter any public or private property at any reasonable time for
2-14 the purpose of inspecting and investigating conditions relating to
2-15 the quality of water in the state or the compliance with any rule,
2-16 regulation, permit or other order of the commission. Members,
2-17 employees, or agents of the commission and commission contractors
2-18 are entitled to enter public or private property at any reasonable
2-19 time to investigate or monitor or, if the responsible party is not
2-20 responsive or there is an immediate danger to public health or the
2-21 environment, to remove or remediate a condition related to the
2-22 quality of water in the state. Members, employees, commission
2-23 contractors, or agents acting under this authority who enter
2-24 private property shall observe the establishment's rules and
2-25 regulations concerning safety, internal security, and fire
3-1 protection, and if the property has management in residence, shall
3-2 notify management or the person then in charge of his presence and
3-3 shall exhibit proper credentials. If any member, employee,
3-4 commission contractor, or agent is refused the right to enter in or
3-5 on public or private property under this authority, the executive
3-6 director may invoke the remedies authorized in Section 26.123 of
3-7 this code.
3-8 SECTION 3. Section 361.032, Health and Safety Code, is
3-9 amended to read as follows:
3-10 Sec. 361.032. INSPECTIONS; RIGHT OF ENTRY. (a) The
3-11 <department and the> commission may <are each authorized to>
3-12 inspect and approve solid waste facilities used or proposed to be
3-13 used to store, process, or dispose of <the> solid waste <under the
3-14 agency's jurisdiction>.
3-15 (b) Agents or employees of <the department,> the
3-16 commission<,> or local governments have the right to enter at any
3-17 reasonable time public or private property in the governmental
3-18 entity's jurisdiction, including a municipality's extraterritorial
3-19 jurisdiction, to inspect and investigate conditions concerning
3-20 solid waste management and control.
3-21 (c) Agents or employees of the commission or commission
3-22 contractors have the right to enter at any reasonable time public
3-23 or private property to investigate or monitor the release or
3-24 threatened release of a hazardous substance.
3-25 (d) Agents or employees of the commission or commission
4-1 contractors may not enter private property with management in
4-2 residence without notifying the management, or the person in charge
4-3 at the time, of their presence and presenting proper credentials.
4-4 (e) <(d)> Agents or employees of the commission or
4-5 commission contractors acting under this section <inspecting an
4-6 establishment> shall observe the establishment's rules on safety,
4-7 internal security, and fire protection.
4-8 SECTION 4. Subsection (b), Section 361.197, Health and
4-9 Safety Code, is amended to read as follows:
4-10 (b) The state may seek a judgment against the noncompliant
4-11 parties for the total amount of the cost of the remedial
4-12 investigation and feasibility study, the remedial design, and the
4-13 remedial action, including costs of any necessary studies and
4-14 oversight costs, minus the amount agreed to be paid or expended by
4-15 any other responsible parties under an order issued under Section
4-16 361.185 or 361.188.
4-17 SECTION 5. Section 104.001, Civil Practice and Remedies
4-18 Code, is amended to read as follows:
4-19 Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
4-20 of action based on conduct described in Section 104.002, the state
4-21 shall indemnify the following persons for actual damages, court
4-22 costs, and attorney's fees adjudged against:
4-23 (1) an employee, a member of the governing board, or
4-24 any other officer of a state agency, institution, or department;
4-25 (2) a former employee, former member of the governing
5-1 board, or any other former officer of a state agency, institution,
5-2 or department who was an employee or officer when the act or
5-3 omission on which the damages are based occurred;
5-4 (3) a physician or psychiatrist licensed in this state
5-5 who was performing services under a contract with any state agency,
5-6 institution, or department or a racing official performing services
5-7 under a contract with the Texas Racing Commission when the act or
5-8 omission on which the damages are based occurred;
5-9 (4) a person serving on the governing board of a
5-10 foundation, corporation, or association at the request and on
5-11 behalf of an institution of higher education, as that term is
5-12 defined by Section 61.003(8), Education Code, not including a
5-13 public junior college; <or>
5-14 (5) a state contractor who signed a waste manifest as
5-15 required by a state contract; or
5-16 (6) the estate of a person listed in this section.
5-17 SECTION 6. Subsection (b), Section 104.002, Civil Practice
5-18 and Remedies Code, is amended to read as follows:
5-19 (b) The state is liable for indemnification under this
5-20 chapter if:
5-21 (1) the person is liable for the damages solely
5-22 because the person signed an industrial solid waste or hazardous
5-23 waste manifest or other record required by Section 361.036, Health
5-24 and Safety Code;
5-25 (2) the person signed the manifest or record in the
6-1 course and scope of the person's office, employment, or contractual
6-2 performance or service on behalf of the agency, institution, or
6-3 department; and
6-4 (3) the person or company who signed the manifest did
6-5 not increase or aggravate circumstances of contamination by grossly
6-6 negligent acts or wilful misconduct.
6-7 SECTION 7. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.