76R11594 E                           
         By Junell                                             H.B. No. 2815
         Substitute the following for H.B. No. 2815:
         By Counts                                         C.S.H.B. No. 2815
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the petroleum storage tank program; providing a
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 26.346(a) and (c), Water Code, are
 1-6     amended to read as follows:
 1-7           (a)  An underground or aboveground storage tank must be
 1-8     registered with the commission unless the tank is exempt from
 1-9     regulation under Section 26.344 of this code or the tank is covered
1-10     under Subsection (b) of this section.  The commission by rule shall
1-11     establish the procedures and requirements for establishing and
1-12     maintaining current registration information concerning underground
1-13     and aboveground storage tanks.  The commission shall also require
1-14     that an owner or operator of an underground storage tank complete
1-15     an annual underground storage tank compliance certification form.
1-16           (c)  The commission shall issue to each person who owns or
1-17     operates a petroleum storage tank that is registered under this
1-18     section a registration and compliance confirmation certificate that
1-19     includes a brief description of:
1-20                 (1)  the responsibility of the owner or operator under
1-21     Section 26.3512 of this code; [and]
1-22                 (2) the rights of the owner or operator to participate
1-23     in the petroleum storage tank remediation account and the
1-24     groundwater protection cleanup program established under this
 2-1     subchapter; and
 2-2                 (3)  the responsibility of the owner or operator of an
 2-3     underground storage tank to accurately complete the part of the
 2-4     registration form pertaining to the certification of compliance
 2-5     with underground storage tank administrative requirements and
 2-6     technical standards.
 2-7           SECTION 2.  Subchapter I, Chapter 26, Water Code, is amended
 2-8     by adding Sections 26.3465 and 26.3467 to read as follows:
 2-9           Sec. 26.3465.  FAILURE OR REFUSAL TO PROVIDE PROOF OF
2-10     REGISTRATION OR CERTIFICATION OF COMPLIANCE.  An owner or operator
2-11     of an underground storage tank  who fails or refuses to provide, on
2-12     request of the commission, proof of registration of, or
2-13     certification of compliance for, an underground storage tank is
2-14     liable for a civil penalty under Subchapter D, Chapter 7.
2-15           Sec. 26.3467.  SELLER'S DUTY TO ENSURE CERTIFICATION OF TANK
2-16     BEFORE DELIVERY.  (a)  The seller of a regulated substance that is
2-17     being deposited into an underground storage tank  shall ensure that
2-18     a certificate of compliance has been issued for the specific
2-19     underground storage tank into which the substance is to be
2-20     deposited before ordering a contract or common carrier to deliver
2-21     the regulated substance into the underground storage tank.
2-22           (b)  A person who violates Subsection (a)  commits an offense
2-23     that is punishable as provided by Section 7.156 for an offense
2-24     under that section.
2-25           SECTION 3.  Section 7.156, Water Code, is amended by adding a
2-26     new Subsection (c) and redesignating existing Subsection (c) as
2-27     Subsection (d) to read as follows:
 3-1           (c)  A person commits an offense if the person deposits or
 3-2     has deposited any regulated substance into an underground storage
 3-3     tank regulated under Chapter 26 unless the underground storage tank
 3-4     has been issued a valid, current underground storage tank
 3-5     registration and certificate of compliance under Section 26.346.
 3-6           (d)  An offense under this section is a Class A misdemeanor.
 3-7           SECTION 4.  Subchapter E, Chapter 7, Water Code, is amended
 3-8     by adding Section 7.1565 to read as follows:
 3-9           Sec. 7.1565.  PRESUMPTION.  If in the exercise of good faith
3-10     a person depositing, or causing to be deposited, a regulated
3-11     substance into an underground storage tank regulated under Chapter
3-12     26 receives a certificate of compliance for that underground
3-13     storage tank under Section 26.346, the receipt of the certificate
3-14     of compliance shall be considered prima facie evidence of
3-15     compliance with this section.
3-16           SECTION 5.  Sections 26.3512(g), (h), (i), and (j), Water
3-17     Code, are amended to read as follows:
3-18           (g)  If an owner or operator's corrective action plan is
3-19     approved by the commission under Section 26.3572 before June 23,
3-20     1998 [December 23, 1997], the owner or operator shall pay under
3-21     Subsection (b)(1) the amount provided by Subsection (e) for the
3-22     first expenses for corrective action taken for each occurrence.
3-23           (h)  If an owner or operator's corrective action plan is not
3-24     approved by the commission under Section 26.3572 before June 23,
3-25     1998 [December 23, 1997], the owner or operator shall pay under
3-26     Subsection (b)(1) the first expenses for corrective action taken
3-27     for each occurrence as follows:
 4-1                 (1)  a person who owns or operates 1,000 or more single
 4-2     petroleum storage tanks, the first $40,000;
 4-3                 (2)  a person who owns or operates not fewer than 100
 4-4     or more than 999 single petroleum storage tanks, the first $20,000;
 4-5                 (3)  a person who owns or operates not fewer than 13 or
 4-6     more than 99 single petroleum storage tanks, the first $10,000; and
 4-7                 (4)  a person who owns or operates fewer than 13 single
 4-8     petroleum storage tanks, the first $4,000.
 4-9           (i)  If an owner or operator has a corrective action plan
4-10     approved by the commission under Section 26.3572 and before
4-11     December 23, 1999 [December 23, 1998], has met the goals specified
4-12     in the plan to be met by that date, the owner or operator shall pay
4-13     under Subsection (b)(1) the amount specified by Subsection (e) for
4-14     the first expenses for corrective action taken for each occurrence.
4-15           (j)  If an owner or operator does not have a corrective
4-16     action plan approved by the commission under Section 26.3572 and
4-17     before December 23, 1999 [or, on December 23, 1998], has not met
4-18     the goals specified in the plan to be met by that date, the owner
4-19     or operator shall pay under Subsection (b)(1) the first expenses
4-20     for corrective action taken for each occurrence as follows:
4-21                 (1)  a person who owns or operates 1,000 or more single
4-22     petroleum storage tanks, the first $80,000;
4-23                 (2)  a person who owns or operates not fewer than 100
4-24     or more than 999 single petroleum storage tanks, the first $40,000;
4-25                 (3)  a person who owns or operates not fewer than 13 or
4-26     more than 99 single petroleum storage tanks, the first $20,000; and
4-27                 (4)  a person who owns or operates fewer than 13 single
 5-1     petroleum storage tanks, the first $8,000.
 5-2           SECTION 6.  This Act takes effect September 1, 1999.
 5-3           SECTION 7.  The importance of this legislation and the
 5-4     crowded condition of the calendars in both houses create an
 5-5     emergency and an imperative public necessity that the
 5-6     constitutional rule requiring bills to be read on three several
 5-7     days in each house be suspended, and this rule is hereby suspended.