SRC-ARR S.B. 509 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 509
76R4287 MXM-DBy: Brown
Natural Resources
3/1/1999
As Filed


DIGEST 

Currently, Texas provides for the Texas Innocent Owner/Operator Program at
the Texas Natural Resource Conservation Commission (TNRCC). Participants in
the program can obtain a certificate as an innocent owner or operator,
under the Health and Safety Code or Water Code, if their property has
become contaminated as a result of a release or migration of contaminants
from a source or sources of contamination. The certificate provides
immunity from cost-recovery by the state for such contamination on the
certificate holder's property. S.B. 509 would clarify the application
requirements for participants in the Innocent Owner/Operator Program
administered by TNRCC; specifically, only those program participants who
are eligible for immunity under Section 361.752(b), Health and Safety Code
must demonstrate in their application that they are eligible for immunity
under that section.  

PURPOSE

As proposed, S.B. 509 provides immunity from liability of certain property
owners or operators if their property becomes environmentally contaminated. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.753(a), Health and Safety Code, to  authorize
a person to apply to the Texas Natural Resource Conservation Commission
for a certificate confirming that the person is an innocent owner or
operator.  Requires the application to include a complete site
investigation report that demonstrates  the owner or operator is eligible
for immunity under Section 361.752(b), if the applicant is a person who
acquired the property for which immunity is sought in the manner described
by Section 361.752(b).  

SECTION 2. Emergency clause.
                      Effective date: upon passage.