By Merritt H.B. No. 3312
76R8156 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of responsibility for responding to and
1-3 cleaning up certain oil discharges in coastal areas to the Railroad
1-4 Commission of Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 40.002(c), Natural Resources Code, is
1-7 amended to read as follows:
1-8 (c) The legislature intends by this chapter to exercise the
1-9 police power of the state to protect its coastal waters and
1-10 adjacent shorelines by conferring upon the Railroad Commission of
1-11 Texas [Commissioner of the General Land Office] the power to:
1-12 (1) prevent spills and discharges of oil by requiring
1-13 and monitoring preventive measures and response planning;
1-14 (2) provide for prompt response to abate and contain
1-15 spills and discharges of oil and ensure the removal and cleanup of
1-16 pollution from such spills and discharges;
1-17 (3) provide for development of a state coastal
1-18 discharge contingency plan through planning and coordination with
1-19 the Texas Natural Resource Conservation Commission to protect
1-20 coastal waters from all types of spills and discharges; and
1-21 (4) administer a fund to provide for funding these
1-22 activities and to guarantee the prompt payment of certain
1-23 reasonable claims resulting from spills and discharges of oil.
1-24 SECTION 2. Section 40.003(3), Natural Resources Code, is
2-1 amended to read as follows:
2-2 (3) "Commission [Commissioner]" means the Railroad
2-3 Commission of Texas [Commissioner of the General Land Office].
2-4 SECTION 3. Subchapter A, Chapter 40, Natural Resources Code,
2-5 is amended by adding Section 40.0025 to read as follows:
2-6 Sec. 40.0025. TRANSFER OF POWERS AND DUTIES TO RAILROAD
2-7 COMMISSION OF TEXAS. A reference in this chapter to the
2-8 commissioner, the commissioner of the General Land Office, or the
2-9 General Land Office means the Railroad Commission of Texas.
2-10 SECTION 4. Sections 40.004-40.007, Natural Resources Code,
2-11 are amended to read as follows:
2-12 Sec. 40.004. ADMINISTRATION OF OIL SPILL RESPONSE AND
2-13 CLEANUP. (a) The commission [General Land Office, under the
2-14 direction and control of the commissioner,] is the state's lead
2-15 agency for response to actual or threatened unauthorized discharges
2-16 of oil and for cleanup of pollution from unauthorized discharges of
2-17 oil. The commission [commissioner] shall administer this chapter
2-18 and direct all state discharge response and cleanup operations
2-19 resulting from unauthorized discharges of oil.
2-20 (b) All persons and all other officers, agencies, and
2-21 subdivisions of the state shall carry out response and cleanup
2-22 operations related to unauthorized discharges of oil subject to the
2-23 authority granted to the commission [commissioner] under this
2-24 chapter.
2-25 Sec. 40.005. ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL
2-26 RESPONSE AND CLEANUP. The commission [General Land Office, under
2-27 the direction and control of the commissioner,] is the state's lead
3-1 agency for initiating response to all actual or threatened
3-2 unauthorized discharges of oil. In the event of an unauthorized
3-3 discharge of a hazardous substance, nothing in this chapter shall
3-4 preclude the Texas Natural Resource Conservation Commission from at
3-5 the earliest time practicable assuming response and cleanup duties
3-6 pursuant to Subchapter G, Chapter 26, Water Code, and the state
3-7 coastal discharge contingency plan.
3-8 Sec. 40.006. INTERAGENCY COUNCIL. The commission
3-9 [commissioner] shall from time to time convene a cooperative
3-10 council comprising the Texas Department of Health, the division of
3-11 emergency management in the office of the governor, the Parks and
3-12 Wildlife Department, the Texas Natural Resource Conservation
3-13 Commission, [the Railroad Commission of Texas,] the Texas Higher
3-14 Education Coordinating Board, and any other state agency authorized
3-15 to participate in unauthorized discharge response operations under
3-16 the state coastal discharge contingency plan. A member of the
3-17 commission appointed by the commission [The commissioner] shall
3-18 serve as chairperson. The council shall consider matters relating
3-19 to coordination of state prevention, response, and cleanup
3-20 operations related to unauthorized discharges of oil and hazardous
3-21 substances.
3-22 Sec. 40.007. GENERAL POWERS AND DUTIES. (a) The commission
3-23 [commissioner] may promulgate rules necessary and convenient to
3-24 the administration of this chapter.
3-25 (b) The commission [commissioner] shall by rule establish
3-26 procedures under Chapter 2001, Government Code, for all hearings
3-27 required by this chapter. The commission [commissioner] may
4-1 administer oaths, receive evidence, issue subpoenas to compel
4-2 attendance of witnesses and production of evidence related to
4-3 hearings, and make findings of fact and decisions with respect to
4-4 administering this chapter.
4-5 (c) The commission [commissioner] may contract with any
4-6 public agency or private person or other entity, including entering
4-7 into cooperative agreements with the federal government, acquire
4-8 and dispose of real or personal property, delegate responsibility
4-9 for implementing the requirements of this chapter, and perform any
4-10 other act within or without the boundaries of this state necessary
4-11 to administer this chapter.
4-12 (d) If the commission [commissioner] finds it necessary to
4-13 enter property to conduct a vessel or terminal facility audit,
4-14 inspection, or drill authorized under this chapter or to respond to
4-15 an actual or threatened unauthorized discharge of oil, the
4-16 commission [commissioner] may enter the property after making a
4-17 reasonable effort to obtain consent to enter the property.
4-18 SECTION 5. Sections 40.053(a), (b), and (d), Natural
4-19 Resources Code, are amended to read as follows:
4-20 (a) The commission [commissioner] shall promulgate a state
4-21 coastal discharge contingency plan of response for actual or
4-22 threatened unauthorized discharges of oil and cleanup of pollution
4-23 from such discharges. In addition, the Texas Natural Resource
4-24 Conservation Commission, in cooperation with the commission
4-25 [commissioner], shall promulgate provisions of the plan relating to
4-26 unauthorized discharges of hazardous substances, and the Parks and
4-27 Wildlife Department, in cooperation with the commission
5-1 [commissioner], shall promulgate provisions of the plan relating to
5-2 the rescue and rehabilitation of aquatic life and wildlife and the
5-3 habitats on which they depend. [The commissioner shall cooperate
5-4 and consult with the Railroad Commission of Texas in promulgating
5-5 provisions of the plan relating to the exercise of authority by the
5-6 Railroad Commission of Texas pursuant to Subsection (b) of this
5-7 section to direct an owner or operator to abate or prevent
5-8 pollution as a result of an unauthorized discharge of oil.] The
5-9 plan shall be promulgated in a coordinate manner and adopted in an
5-10 integrated chapter of the Texas Administrative Code.
5-11 (b) In promulgating the plan, the commission [commissioner]
5-12 and the Texas Natural Resource Conservation Commission shall
5-13 provide for clear designation of responsibilities and avoid
5-14 unnecessary duplication and expense. [The plan shall provide that,
5-15 in the event of an unauthorized discharge of 240 barrels or less of
5-16 oil from an activity associated with the exploration, development,
5-17 or production of oil or gas, including the transportation of oil or
5-18 gas by pipeline, the Railroad Commission of Texas shall act as
5-19 state-designated on-scene coordinator for abatement, containment,
5-20 removal, and cleanup of the discharge pursuant to Section 91.101 of
5-21 this code, Section 26.131, Water Code, and this chapter.]
5-22 (d) The commission [commissioner] shall establish regional
5-23 response committees or utilize the area committees established by
5-24 federal law to advise and provide input in the development of
5-25 site-specific discharge contingency response plans.
5-26 [(1)] Membership on these committees shall include
5-27 broad-based representation from local governments, industry,
6-1 resource agencies, and citizens groups [and shall include staff
6-2 from the General Land Office].
6-3 [(2)] The committees shall develop regional response
6-4 recommendations and provide evaluation of response and
6-5 recommendations for improvement to the commission [commissioner]
6-6 following an actual or threatened unauthorized discharge.
6-7 SECTION 6. Section 40.152, Natural Resources Code, is
6-8 amended to read as follows:
6-9 Sec. 40.152. USE OF FUND. [(a)] Money in the fund may be
6-10 disbursed for the following purposes and no others:
6-11 (1) administrative expenses, personnel and training
6-12 expenses, and equipment maintenance and operating costs related to
6-13 implementation and enforcement of this chapter;
6-14 (2) response costs related to abatement and
6-15 containment of actual or threatened unauthorized discharges of oil
6-16 incidental to unauthorized discharges of hazardous substances;
6-17 (3) response costs and damages related to actual or
6-18 threatened unauthorized discharges of oil;
6-19 (4) assessment, restoration, rehabilitation, or
6-20 replacement of or mitigation of damage to natural resources damaged
6-21 by an unauthorized discharge of oil;
6-22 (5) in an amount not to exceed $50,000 annually, the
6-23 small spill education program;
6-24 (6) in an amount not to exceed $1,250,000 annually,
6-25 interagency contracts under Section 40.302 of this code;
6-26 (7) the purchase of response equipment under Section
6-27 40.105 of this code within two years of the effective date of this
7-1 chapter, in an amount not to exceed $4 million; thereafter, for
7-2 the purchase of equipment to replace equipment that is worn or
7-3 obsolete;
7-4 (8) an inventory under Section 40.107 of this code, to
7-5 be completed by September 1, 1995, in an amount not to exceed $6
7-6 million; and
7-7 (9) other costs and damages authorized by this
7-8 chapter.
7-9 [(b) There is hereby appropriated from the fund to the
7-10 General Land Office, subject to this section, the amounts specified
7-11 for the purposes of Subdivisions (5) and (6) of Subsection (a) of
7-12 this section, $2.5 million for administrative costs under this
7-13 chapter for the two-year period beginning with the effective date
7-14 of this chapter, and the actual amounts necessary to pay response
7-15 costs and damages as provided in this chapter.]
7-16 SECTION 7. Sections 40.008 and 40.303, Natural Resources
7-17 Code, are repealed.
7-18 SECTION 8. (a) This Act takes effect September 1, 1999.
7-19 (b) On the effective date of this Act, all powers and duties
7-20 of the General Land Office under Chapter 40, Natural Resources
7-21 Code, and all obligations, rights, contracts, records, and real or
7-22 personal property of the General Land Office relating to those
7-23 powers and duties are transferred to the Railroad Commission of
7-24 Texas.
7-25 (c) An obligation payable by the General Land Office from
7-26 the coastal protection fund established by Section 40.151, Natural
7-27 Resources Code, that is transferred by this Act to the Railroad
8-1 Commission of Texas may be paid under applicable law by the
8-2 Railroad Commission of Texas from the unexpended balance of an
8-3 appropriation from the fund made to the General Land Office for the
8-4 state fiscal biennium ending August 31, 1999.
8-5 (d) An appropriation to the General Land Office for the
8-6 state fiscal biennium beginning September 1, 1999, for the
8-7 performance of a power or duty under Chapter 40, Natural Resources
8-8 Code, transferred under this Act to the Railroad Commission of
8-9 Texas is transferred to the commission on that date.
8-10 (e) On the effective date of this Act, a person who is
8-11 employed by the General Land Office in a position involving the
8-12 performance of a function under Chapter 40, Natural Resources Code,
8-13 other than an administrative function is transferred to the
8-14 Railroad Commission of Texas. The Railroad Commission of Texas may
8-15 transfer to the commission a person who is employed by the General
8-16 Land Office in a position involving the performance of an
8-17 administrative function under Chapter 40, Natural Resources Code,
8-18 and whose function approximates that required by the commission to
8-19 implement this Act. The commission is not required to post a job
8-20 vacancy notice for a position involving the performance of an
8-21 administrative function if it transfers an employee of the General
8-22 Land Office. If the commission posts a notice for the position,
8-23 the commission may give preference to a person employed in a
8-24 similar position at the General Land Office.
8-25 SECTION 9. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.