SRC-JFA S.B. 635 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 635
By: Brown
Natural Resources
2-21-97
As Filed


DIGEST 

Currently, the Railroad Commission of Texas (RRC) is authorized to use the
Oil-Field Cleanup Fund (fund) to control or clean up oil and gas wastes
that are causing or are likely to cause pollution of surface and
subsurface waters.  It is unclear in the statutory language of the Natural
Resources Code whether or not the fund can be used for conducting site
investigations and assessments of contaminated areas by the RRC or whether
RRC could recover such costs from the responsible party. This bill would
authorize money in the fund to be used for conducting such investigations
and assessments by RRC and provide that expenditures from the fund for
such use may be recovered by RRC from the responsible party.   
  
PURPOSE

As proposed, S.B. 635 authorizes money in the Oil-Field Cleanup Fund
(fund) to be used for conducting site investigations and assessments of
contaminated areas by the Railroad Commission of Texas (RRC).
Additionally, the bill provides that expenditures from the fund for such
site investigations and assessments may be recovered by RRC from the
responsible party.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 91.112(a), Natural Resources Code, to authorize
that money in the Oil-Field Cleanup Fund (fund) to be used by the Railroad
Commission (RRC) or its employees or agents for, among other items,
conducting a site investigation or environmental assessment to evaluate
the nature and extent of contamination caused by oil and gas wastes or
other substances or materials regulated by RRC under Section 91.101,
Natural Resources Code, and the measures that should be taken to control
or clean up such wastes, substances, or materials.  Makes conforming
changes. 

SECTION 2. Amends Section 91.113, Natural Resource Code, to make
conforming changes. 

SECTION 3. Emergency clause.
  Effective date:  90 days after adjournment.