1-1     By:  Carona, Shapiro                                   S.B. No. 974

 1-2           (In the Senate - Filed March 6, 1997; March 10, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 1, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 1, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 974                   By:  Carona

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the recovery of environmental inspection, removal, and

1-11     remediation costs by a taxing unit that purchases real property at

1-12     an ad valorem tax sale.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 34.06, Tax Code, is amended by adding

1-15     Subsection (c) to read as follows:

1-16           (c)  Notwithstanding Subsection (b), the purchasing taxing

1-17     unit is entitled to recover from the proceeds of a resale of the

1-18     property any cost incurred by the taxing unit in inspecting the

1-19     property to determine whether there is a release or threatened

1-20     release of solid waste from the property in violation of Chapter

1-21     361, Health and Safety Code, or a rule adopted or permit or order

1-22     issued by the Texas Natural Resource Conservation Commission under

1-23     that chapter, or a discharge or threatened discharge of waste or a

1-24     pollutant into or adjacent to water in this state from a point of

1-25     discharge on the property in violation of Chapter 26, Water Code,

1-26     or a rule adopted or permit or order issued by the commission under

1-27     that chapter, and in taking action to remove or remediate the

1-28     release or threatened release or discharge or threatened discharge

1-29     regardless of whether the taxing unit:

1-30                 (1)  was required by law to incur the cost; or

1-31                 (2)  obtained the consent of each taxing unit entitled

1-32     to receive proceeds of the sale under the judgment of foreclosure

1-33     to incur the cost.

1-34           SECTION 2.  The importance of this legislation and the

1-35     crowded condition of the calendars in both houses create an

1-36     emergency and an imperative public necessity that the

1-37     constitutional rule requiring bills to be read on three several

1-38     days in each house be suspended, and this rule is hereby suspended,

1-39     and that this Act take effect and be in force from and after its

1-40     passage, and it is so enacted.

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