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.