1-1                                   AN ACT

 1-2     relating to the program for the voluntary cleanup of contaminants.


 1-4           SECTION 1.  Section 361.603, Health and Safety Code, is

 1-5     amended by adding Subsection (c) to read as follows:

 1-6           (c)  Notwithstanding Subsection (a), a site or portion of a

 1-7     site that is subject to a commission permit or order is eligible

 1-8     for participation in the voluntary cleanup program on dismissal of

 1-9     the permit or order.  An administrative penalty paid to the general

1-10     revenue fund under the permit or order is nonrefundable.

1-11           SECTION 2.  Subchapter S, Chapter 361, Health and Safety

1-12     Code, as added by Chapter 986, Acts of the 74th Legislature,

1-13     Regular Session, 1995, is amended by adding Section 361.6035 to

1-14     read as follows:


1-16     FROM LIABILITY.  (a)  A person who purchased a site before

1-17     September 1, 1995, is released, on certification under Section

1-18     361.609, from all liability to the state for cleanup of

1-19     contamination that was released at the site covered by the

1-20     certificate before the purchase date, except for releases or

1-21     consequences that the person contributed to or caused, if:

1-22                 (1)  the person did not operate the site, or any

1-23     portion of the site, before the purchase date; and

1-24                 (2)  another person that is a responsible party under

 2-1     Section 361.271 or 361.275(g) successfully completes a voluntary

 2-2     cleanup of the site under this subchapter.

 2-3           (b)  A person described by Subsection (a)(2):

 2-4                 (1)  remains liable to the state for any contamination

 2-5     that was released at the site before the date the certificate is

 2-6     issued; and

 2-7                 (2)  is not liable to the state for any contamination

 2-8     that was released at the site after the date the certificate is

 2-9     issued unless the person:

2-10                       (A)  contributes to or causes the release of

2-11     contamination; or

2-12                       (B)  changes the land use from the use specified

2-13     in the certificate of completion if the new use may result in

2-14     increased risks to human health or the environment.

2-15           SECTION 3.  Section 361.604(b), Health and Safety Code, is

2-16     amended to read as follows:

2-17           (b)  An application submitted under this section must:

2-18                 (1)  be on a form provided by the executive director;

2-19                 (2)  contain:

2-20                       (A)  general information concerning:

2-21                             (i)  the person and the person's

2-22     capability, including the person's financial capability, to perform

2-23     the voluntary cleanup; [and]

2-24                             (ii)  the site; and

2-25                             (iii)  whether the voluntary cleanup is

2-26     subject to Section 361.6035;

2-27                       (B)  other background information requested by

 3-1     the executive director; and

 3-2                       (C)  an environmental assessment of the actual or

 3-3     threatened release of the hazardous substance or contaminant at the

 3-4     site;

 3-5                 (3)  be accompanied by an application fee of $1,000;

 3-6     and

 3-7                 (4)  be submitted according to schedules set by

 3-8     commission rule.

 3-9           SECTION 4.  (a)  This Act takes effect on the later of:

3-10                 (1)  September 1, 1997; or

3-11                 (2)  the date the Texas Natural Resource Conservation

3-12     Commission enters into a memorandum of agreement with the United

3-13     States Environmental Protection Agency, Region 6, authorizing the

3-14     inclusion of certain potentially responsible parties to the group

3-15     of persons eligible to participate in the voluntary cleanup program

3-16     established by Subchapter S, Chapter 361, Health and Safety Code,

3-17     as added by Chapter 986, Acts of the 74th Legislature, Regular

3-18     Session, 1995.

3-19           (b)  The Texas Natural Resource Conservation Commission shall

3-20     publish the memorandum of agreement described by Subsection (a) of

3-21     this section in the Texas Register.

3-22           SECTION 5.  The importance of this legislation and the

3-23     crowded condition of the calendars in both houses create an

3-24     emergency and an imperative public necessity that the

3-25     constitutional rule requiring bills to be read on three several

3-26     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2705 was passed by the House on May

         14, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2705 on May 29, 1997, by a non-record



                                                 Chief Clerk of the House

               I certify that H.B. No. 2705 was passed by the Senate, with

         amendments, on May 26, 1997, by the following vote:  Yeas 31, Nays



                                                 Secretary of the Senate

         APPROVED:  _____________________