By: Brown S.B. No. 509
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the immunity from liability of certain property owners
1-2 or operators if their property becomes environmentally
1-3 contaminated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 361.753, Health and
1-6 Safety Code, is amended to read as follows:
1-7 (a) A person may apply to the commission for a certificate
1-8 confirming that the person is an innocent owner or operator. The
1-9 application must include a complete site investigation report that
1-10 demonstrates that:
1-11 (1) the property has become contaminated as a result
1-12 of a release or migration of contaminants from a source or sources
1-13 not located on or at the property;
1-14 (2) the owner or operator has not caused or
1-15 contributed to the source or sources of the contamination referred
1-16 to in Subdivision (1); and
1-17 (3) if the applicant is a person who acquired the
1-18 property for which immunity is sought in the manner described by
1-19 Section 361.752(b), the owner or operator is eligible for immunity
1-20 under Section 361.752(b).
1-21 SECTION 2. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.