75R12128 SMH-F                           

         By Chisum                                             H.B. No. 2705

         Substitute the following for H.B. No. 2705:

         By Jackson                                        C.S.H.B. No. 2705

                                A BILL TO BE ENTITLED

 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) performs a voluntary cleanup of the

 2-2     site.

 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.

2-10           SECTION 3.  Section 361.604(b), Health and Safety Code, is

2-11     amended to read as follows:

2-12           (b)  An application submitted under this section must:

2-13                 (1)  be on a form provided by the executive director;

2-14                 (2)  contain:

2-15                       (A)  general information concerning:

2-16                             (i)  the person and the person's

2-17     capability, including the person's financial capability, to perform

2-18     the voluntary cleanup;  [and]

2-19                             (ii)  the site; and

2-20                             (iii)  whether the voluntary cleanup is

2-21     subject to Section 361.6035;

2-22                       (B)  other background information requested by

2-23     the executive director; and

2-24                       (C)  an environmental assessment of the actual or

2-25     threatened release of the hazardous substance or contaminant at the

2-26     site;

2-27                 (3)  be accompanied by an application fee of $1,000;

 3-1     and

 3-2                 (4)  be submitted according to schedules set by

 3-3     commission rule.

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

 3-5                 (1)  September 1, 1997; or

 3-6                 (2)  the date the Texas Natural Resource Conservation

 3-7     Commission enters into a memorandum of agreement with the United

 3-8     States Environmental Protection Agency, Region 6, authorizing the

 3-9     inclusion of certain potentially responsible parties to the group

3-10     of persons eligible for release under the voluntary cleanup program

3-11     established by Subchapter S, Chapter 361, Health and Safety Code,

3-12     as added by Chapter 986, Acts of the 74th Legislature, Regular

3-13     Session, 1995.

3-14           (b)  The Texas Natural Resource Conservation Commission shall

3-15     publish the memorandum of agreement described by Subsection (a)  of

3-16     this section in the Texas Register.

3-17           SECTION 5.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended.