By Wilson                                             H.B. No. 3411

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the purchase by the state of certain contaminated

 1-3     property and the institution of litigation to recover from

 1-4     appropriate parties the cost of the purchase.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  PURCHASE OF CONTAMINATED PROPERTY.  From funds

 1-7     appropriated for the purpose, the Texas Natural Resources

 1-8     Conservation Commission shall purchase each parcel of real property

 1-9     located in Houston, Harris County, Texas, in the subdivision known

1-10     as the Kennedy Heights subdivision that is known or suspected to be

1-11     contaminated with petroleum or chemical residues from the former

1-12     location of oil storage tank facilities in the area.

1-13           SECTION 2.  PARCEL VALUES.  The commission shall value each

1-14     parcel for purchase at a value equalling the estimated market value

1-15     of the parcel if uncontaminated.  However, the total amount

1-16     expended under this Act to purchase all contaminated parcels may

1-17     not exceed $76 million.

1-18           SECTION 3.  LAWSUIT.  (a)  The commission, with the

1-19     assistance of the attorney general, shall institute suit against

1-20     the persons the commission reasonably identifies as responsible for

1-21     the contamination, and shall seek damages in an amount sufficient

1-22     to reimburse the state for the cost of purchasing the property and

 2-1     for the cost of environmental remediation of the property.

 2-2           (b)  Any funds recovered shall be first credited to the

 2-3     account or fund from which the money is appropriated for the

 2-4     purchase until that account or fund is fully reimbursed for the

 2-5     cost of the purchase.  Any excess recovery shall be credited to the

 2-6     unobligated portion of the general revenue fund.

 2-7           SECTION 4.  EMERGENCY.  The importance of this legislation

 2-8     and the crowded condition of the calendars creates an emergency and

 2-9     an imperative public necessity that the constitutional rule

2-10     requiring bills to be read on three several days in each house be

2-11     suspended, and this rule is hereby suspended, and that this Act

2-12     take effect and be in force from and after its passage, and it is

2-13     so enacted.