By Brown                                         S.B. No. 635

      75R6403 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to clarifying that money in the Oil-Field Cleanup Fund may

 1-3     be used for conducting site investigations and assessments and that

 1-4     expenditures from the Oil-field Cleanup Fund for site

 1-5     investigations and assessments may be recovered.

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

 1-7           SECTION 1.  Section 91.112(a), Texas Natural Resources Code,

 1-8     is amended to read as follows:

 1-9           (a)  Money in the fund may be used by the commission or its

1-10     employees or agents for:

1-11                 (1)  controlling or cleaning up oil and gas wastes or

1-12     other substances or materials regulated by the commission under

1-13     Section 91.101 of this code that are causing or are likely to cause

1-14     the pollution of surface or subsurface water, consistent with

1-15     Section 91.113 of this code;

1-16                 (2)  conducting a site investigation or environmental

1-17     assessment to evaluate the nature and extent of contamination

1-18     caused by oil and gas wastes or other substances or materials

1-19     regulated by the commission under Section 91.101 of this code and

1-20     the measures that should be taken to control or clean up such

1-21     wastes, substances, or materials;

1-22                 (3) [(2)]  plugging abandoned wells and administering

1-23     or enforcing permits, orders, and rules relating to the

1-24     commission's authority to prevent pollution under this chapter,

 2-1     Chapter 89 of this code, or any other law administered or enforced

 2-2     by the commission under Title 3 of this code;

 2-3                 (4) [(3)]  implementing Subchapter N of this chapter

 2-4     and enforcing rules, orders, and permits adopted or issued under

 2-5     that subchapter; and

 2-6                 (5) [(4)]  preparing the report required under

 2-7     Subsection (b) of this section.

 2-8           SECTION 2.  Section 91.113, Texas Natural Resources Code, is

 2-9     amended to read as follows:

2-10           Sec. 91.113.  CLEANUP BY COMMISSION.  (a)  If oil and gas

2-11     wastes or other substances or materials regulated by the commission

2-12     under Section 91.101 of this subchapter are causing or are likely

2-13     to cause the pollution of surface or subsurface water, the

2-14     commission, through its employees or agents, may use money in the

2-15     oil-field cleanup fund to control or clean up the oil and gas

2-16     wastes or other substances or materials or conduct a site

2-17     investigation or environmental assessment if:

2-18                 (1)  the responsible person has failed or refused to

2-19     control or clean up the oil and gas wastes or other substances or

2-20     materials after notice and opportunity for hearing;

2-21                 (2)  the responsible person is unknown, cannot be

2-22     found, or has no assets with which to control or clean up the oil

2-23     and gas wastes or other substances or materials; or

2-24                 (3)  the oil and gas wastes or other substances or

2-25     materials are causing the pollution of surface or subsurface water.

2-26           (b)  For purposes of this section, "responsible person" means

2-27     any operator or other person required by law, rules adopted by the

 3-1     commission, or a valid order of the commission to control or clean

 3-2     up the oil and gas wastes or other substances or materials.

 3-3           (c)  The commission or its employees or agents, on proper

 3-4     identification, may enter the land of another for the purpose of

 3-5     conducting a site investigation or environmental assessment or

 3-6     controlling or cleaning up oil and gas wastes or other substances

 3-7     or materials under this section.

 3-8           (d)  The control or cleanup of oil and gas wastes or other

 3-9     substances or materials by the commission under this section, or a

3-10     site investigation or environmental assessment by the commission

3-11     involving such wastes, substances, or materials, does not prevent

3-12     the commission from seeking penalties or other relief provided by

3-13     law from any person who is required by law, rules adopted by the

3-14     commission, or a valid order of the commission to control or clean

3-15     up the oil and gas wastes or other substances or materials.

3-16           (e)  The commission and its employees are not liable for any

3-17     damages arising from an act or omission if the act or omission is

3-18     part of a good-faith effort to carry out this section.

3-19           (f)  If the commission controls or cleans up oil and gas

3-20     wastes or other substances or materials under this section or

3-21     conducts a site investigation or environmental assessment involving

3-22     such wastes, substances, or materials, the commission may recover

3-23     all costs incurred by the commission from any person who was

3-24     required by law, rules adopted by the commission, or a valid order

3-25     of the commission to control or clean up the oil and gas wastes or

3-26     other substances or materials.  The commission may request the

3-27     attorney general to file suit in any court of competent

 4-1     jurisdiction in Travis County to recover these costs.  Costs

 4-2     recovered under this subsection shall be deposited to the oil-field

 4-3     cleanup fund.

 4-4           SECTION 3.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended.