By:  Carona, Shapiro                                   S.B. No. 974

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the recovery of environmental inspection, removal, and

 1-2     remediation costs by a taxing unit that purchases real property at

 1-3     an ad valorem tax sale.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 34.06, Tax Code, is amended by adding

 1-6     Subsection (c) to read as follows:

 1-7           (c)  Notwithstanding Subsection (b), the purchasing taxing

 1-8     unit is entitled to recover from the proceeds of a resale of the

 1-9     property any cost incurred by the taxing unit in inspecting the

1-10     property to determine whether there is a release or threatened

1-11     release of solid waste from the property in violation of Chapter

1-12     361, Health and Safety Code, or a rule adopted or permit or order

1-13     issued by the Texas Natural Resource Conservation Commission under

1-14     that chapter, or a discharge or threatened discharge of waste or a

1-15     pollutant into or adjacent to water in this state from a point of

1-16     discharge on the property in violation of Chapter 26, Water Code,

1-17     or a rule adopted or permit or order issued by the commission under

1-18     that chapter, and in taking action to remove or remediate the

1-19     release or threatened release or discharge or threatened discharge

1-20     regardless of whether the taxing unit:

1-21                 (1)  was required by law to incur the cost; or

1-22                 (2)  obtained the consent of each taxing unit entitled

1-23     to receive proceeds of the sale under the judgment of foreclosure

 2-1     to incur the cost.

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

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.