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.