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. 1-41 * * * * *