By Bonnen                                       H.B. No. 3449

      75R7268 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the immunity of a governmental entity from

 1-3     responsibility for the removal or remediation of a release or

 1-4     threatened release of solid waste from property purchased at a tax

 1-5     sale.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subchapter F, Chapter 361, Health and Safety

 1-8     Code, is amended by adding Section 361.203 to read as follows:

 1-9           Sec. 361.203.  GOVERNMENTAL ENTITY NOT RESPONSIBLE FOR

1-10     RELEASE OR THREATENED RELEASE OF SOLID WASTE.  A governmental

1-11     entity is not responsible for the removal or remediation of a

1-12     release or threatened release of solid waste from a facility or

1-13     site if:

1-14                 (1)  the facility or site was purchased by the

1-15     governmental entity at a tax sale under Section 34.01, Tax Code;

1-16     and

1-17                 (2)  the governmental entity did not cause or

1-18     contribute to the release or threatened release of solid waste at

1-19     the facility or site.

1-20           SECTION 2.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.