76R14833 SMH-F
By Brown S.B. No. 509
Substitute the following for S.B. No. 509:
By Bosse C.S.S.B. No. 509
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to immunity from liability of certain property owners or
1-3 operators if their property becomes environmentally contaminated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.752, Health and Safety Code, is
1-6 amended by amending Subsections (c) and (d) and adding Subsection
1-7 (e) to read as follows:
1-8 (c) To be eligible for immunity under Subsection (a), an
1-9 owner or operator must:
1-10 (1) grant reasonable access to the property for
1-11 purposes of investigation or remediation to a person designated by
1-12 the executive director; and
1-13 (2) use and maintain the property in a manner that is
1-14 protective of human health and the environment, consistent with any
1-15 deed notices filed in accordance with commission rules and any
1-16 municipal zoning restrictions relating to protection of human
1-17 health and the environment.
1-18 (d) An agreement for reasonable access under Subsection (c)
1-19 may provide:
1-20 (1) that the designated person may not unreasonably
1-21 interfere with the use of the property;
1-22 (2) for payment of reasonable compensation for access
1-23 to the property; or
1-24 (3) that the owner or operator is indemnified from
2-1 liability for an intentional or negligent act of the designated
2-2 person arising from the person's access to and use of the property.
2-3 (e) [(d)] This section does not limit any right of the
2-4 commission under another provision of this code or the Water Code
2-5 to obtain access to the property.
2-6 SECTION 2. Section 361.753, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 361.753. CERTIFICATION. (a) A person may apply to the
2-9 commission for a certificate confirming that the person is an
2-10 innocent owner or operator. The application must include a
2-11 complete site investigation report that demonstrates that:
2-12 (1) the property has become contaminated as a result
2-13 of a release or migration of contaminants from a source or sources
2-14 not located on or at the property; and
2-15 (2) the owner or operator has not caused or
2-16 contributed to the source or sources of the contamination referred
2-17 to in Subdivision (1) [; and]
2-18 [(3) the owner or operator is eligible for immunity
2-19 under Section 361.752(b)].
2-20 (b) If the applicant acquired the property for which
2-21 immunity is sought in the manner described by Section 361.752(b),
2-22 the application must also demonstrate that the applicant meets the
2-23 requirements for eligibility for immunity provided by that
2-24 subsection.
2-25 (c) The commission may charge an application fee in an
2-26 amount not to exceed the cost of reviewing the application. The
2-27 commission shall deposit a fee collected under this subsection to
3-1 the credit of the hazardous and solid waste remediation fee fund.
3-2 (d) [(c)] Not later than the 45th day after the date the
3-3 commission receives the application, the commission shall notify
3-4 the applicant whether the application is complete.
3-5 (e) [(d)] Not later than the 90th day after the date the
3-6 commission receives the application, the commission shall:
3-7 (1) issue or deny the certificate; or
3-8 (2) notify the applicant of any additional information
3-9 needed to review the application.
3-10 (f) [(e)] Not later than the 45th day after the date the
3-11 commission receives the additional information requested under
3-12 Subsection (e)(2) [(d)(2)], the commission shall issue or deny the
3-13 certificate.
3-14 (g) [(f)] The certificate evidences the immunity from
3-15 liability of the applicant as provided by Section 361.752.
3-16 (h) [(g)] The commission may condition the issuance of the
3-17 certificate on the placement of control measures [restrictions] on
3-18 the use of the property that are reasonably necessary to protect
3-19 the public health, including:
3-20 (1) institutional controls such as deed notices
3-21 [restrictions] or municipal zoning restrictions; or
3-22 (2) at the owner's or operator's option, other control
3-23 measures.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.