1-1     By:  Bonnen (Senate Sponsor - Brown)                  H.B. No. 2109
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 13, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to limits on liability of a taxing unit for storage tanks.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subchapter I, Chapter 26, Water Code, is amended
1-11     by adding Section 26.3516 to read as follows:
1-12           Sec. 26.3516.  LIMITS ON LIABILITY OF TAXING UNIT.  (a)  This
1-13     section applies to a taxing unit that has foreclosed an ad valorem
1-14     tax lien on real property on which an underground or aboveground
1-15     storage tank is located, or on any other personal property attached
1-16     to or located on property on which an underground or aboveground
1-17     storage tank is located, as security for payment of ad valorem
1-18     taxes.
1-19           (b)  A taxing unit is not liable as an owner or operator
1-20     under this subchapter solely because the taxing unit holds indicia
1-21     of ownership because of a tax foreclosure sale under the Tax Code.
1-22           (c)  If a taxing unit removes a tank from service or takes
1-23     corrective action at any time after foreclosure, the taxing unit
1-24     shall perform corrective action in accordance with requirements
1-25     adopted by the commission under this subchapter.
1-26           (d)  A taxing unit is not liable as an owner or operator
1-27     under this subchapter solely because the taxing unit sells,
1-28     releases, liquidates, or winds up operations and takes measures to
1-29     preserve, protect, or prepare the secured aboveground or
1-30     underground storage tank before sale or other disposition of the
1-31     storage tank or the property if the taxing unit:
1-32                 (1)  did not participate in the management of an
1-33     aboveground or underground storage tank or real or personal
1-34     property described by Subsection (a) before foreclosure or an
1-35     equivalent action on the storage tank or the property; and
1-36                 (2)  establishes, as provided by Subsection (e), that
1-37     the ownership indicia maintained after foreclosure continue to be
1-38     held primarily to protect a payment of ad valorem taxes.
1-39           (e)  A taxing unit may establish that the ownership indicia
1-40     maintained after foreclosure continue to be held primarily to
1-41     protect payment of ad valorem taxes if the taxing unit:
1-42                 (1)  lists the aboveground or underground storage tank,
1-43     or the facility or property on which the tank is located, with a
1-44     broker, dealer, or agent who deals in that type of property; or
1-45                 (2)  advertises the aboveground or underground storage
1-46     tank for sale or other disposition in:
1-47                       (A)  a real estate publication;
1-48                       (B)  a trade or other publication appropriate for
1-49     the aboveground or underground storage tank being advertised; or
1-50                       (C)  a newspaper of general circulation in the
1-51     area in which the aboveground or underground storage tank is
1-52     located.
1-53           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-54           (b)  The changes in law made to Chapter 26, Water Code, by
1-55     Section 26.3516, Water Code, as added by this Act, apply only to a
1-56     taxing unit that has foreclosed an ad valorem tax lien on real
1-57     property on which an aboveground or underground storage tank is
1-58     located, or on any other personal property attached to or located
1-59     on property on which an underground or aboveground storage tank is
1-60     located and holds indicia of ownership by virtue of a tax
1-61     foreclosure on or after September 1, 1999.
1-62           SECTION 3.  The importance of this legislation and the
1-63     crowded condition of the calendars in both houses create an
1-64     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.
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