By Uher                                               H.B. No. 2872
         77R7722 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the emergency cleanup of oil and gas wastes or other
 1-3     substances or materials by the Railroad Commission of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 91, Natural Resources Code,
 1-6     is amended by adding Section 91.1135 to read as follows:
 1-7           Sec. 91.1135.  EMERGENCY CLEANUP BY COMMISSION. (a)  In this
 1-8     section, "responsible person" has the meaning assigned by Section
 1-9     91.113.
1-10           (b)  Notwithstanding Section 91.113(a), the commission may
1-11     conduct an emergency cleanup of oil and gas wastes or other
1-12     substances or materials only in accordance with the procedures
1-13     provided by this section.
1-14           (c)  Before beginning an emergency cleanup, the commission
1-15     must:
1-16                 (1)  assess the threat to the public caused by the
1-17     release by considering the following factors:
1-18                       (A)  the type of release;
1-19                       (B)  whether the release is polluting a waterway;
1-20                       (C)  the rate of flow of any waterway polluted;
1-21                       (D)  the distance between the location of the
1-22     release and the nearest surface or subsurface water;
1-23                       (E)  the effect the weather may have on the
1-24     release;
 2-1                       (F)  the type of vegetation or animal life that
 2-2     may be affected by the release;
 2-3                       (G)  the time of day the release was discovered;
 2-4     and
 2-5                       (H)  the location of the nearest response team;
 2-6     and
 2-7                 (2)  attempt to contact the responsible person at:
 2-8                       (A)  each telephone number for the person on file
 2-9     with or otherwise readily accessible to the commission, including
2-10     the person's home telephone number, home fax number, office
2-11     telephone number, office fax number, cellular telephone number, or
2-12     digital pager number; or
2-13                       (B)  if the person cannot be contacted by
2-14     telephone, the person's electronic mail address.
2-15           (d)  If the commission is able to contact the responsible
2-16     person, the commission must determine through the application of
2-17     objective standards whether the person is willing and has
2-18     sufficient assets to perform the cleanup at the person's expense.
2-19           (e)  If the commission is unable to contact the responsible
2-20     person or the person refuses or does not have sufficient assets to
2-21     perform the cleanup at the person's expense, the commission must
2-22     inform the person that:
2-23                 (1)  the commission will authorize an emergency
2-24     cleanup; and
2-25                 (2)  the person will be held financially responsible
2-26     for reimbursing the commission for all reasonable costs incurred by
2-27     the commission in conducting the cleanup.
 3-1           (f)  At any time before the commission completes the cleanup,
 3-2     the responsible person may take over and complete the cleanup.  The
 3-3     responsible person is responsible for all costs incurred by the
 3-4     commission before the time the person took over the cleanup.
 3-5           (g)  The commission shall make all reasonable attempts to
 3-6     prevent unreasonable and excessive costs associated with an
 3-7     emergency cleanup.  If the responsible person disputes the costs
 3-8     associated with the cleanup, the commission has the burden of
 3-9     substantiating the costs incurred by presenting evidence from a
3-10     qualified expert in the field of oilfield cleanups.
3-11           SECTION 2. This Act takes effect September 1, 2001.