By Merritt H.B. No. 3426
77R5158 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. Except as provided by Section 40.152(b), a
2-8 reference in this chapter to the commissioner, the commissioner of
2-9 the General Land Office, or the General Land Office means the
2-10 Railroad Commission of Texas.
2-11 SECTION 4. Sections 40.004-40.007, Natural Resources Code,
2-12 are amended to read as follows:
2-13 Sec. 40.004. ADMINISTRATION OF OIL SPILL RESPONSE AND
2-14 CLEANUP. (a) The commission [General Land Office, under the
2-15 direction and control of the commissioner,] is the state's lead
2-16 agency for response to actual or threatened unauthorized discharges
2-17 of oil and for cleanup of pollution from unauthorized discharges of
2-18 oil. The commission [commissioner] shall administer this chapter
2-19 and direct all state discharge response and cleanup operations
2-20 resulting from unauthorized discharges of oil.
2-21 (b) All persons and all other officers, agencies, and
2-22 subdivisions of the state shall carry out response and cleanup
2-23 operations related to unauthorized discharges of oil subject to the
2-24 authority granted to the commission [commissioner] under this
2-25 chapter.
2-26 Sec. 40.005. ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL
2-27 RESPONSE AND CLEANUP. The commission [General Land Office, under
3-1 the direction and control of the commissioner,] is the state's lead
3-2 agency for initiating response to all actual or threatened
3-3 unauthorized discharges of oil. In the event of an unauthorized
3-4 discharge of a hazardous substance, nothing in this chapter shall
3-5 preclude the Texas Natural Resource Conservation Commission from at
3-6 the earliest time practicable assuming response and cleanup duties
3-7 pursuant to Subchapter G, Chapter 26, Water Code, and the state
3-8 coastal discharge contingency plan.
3-9 Sec. 40.006. INTERAGENCY COUNCIL. The commission
3-10 [commissioner] shall from time to time convene a cooperative
3-11 council comprising the Texas Department of Health, the division of
3-12 emergency management in the office of the governor, the Parks and
3-13 Wildlife Department, the Texas Natural Resource Conservation
3-14 Commission, [the Railroad Commission of Texas,] the Texas Higher
3-15 Education Coordinating Board, and any other state agency authorized
3-16 to participate in unauthorized discharge response operations under
3-17 the state coastal discharge contingency plan. The commission shall
3-18 appoint a member of the commission to [The commissioner shall]
3-19 serve as chairperson of the council. The council shall consider
3-20 matters relating to coordination of state prevention, response, and
3-21 cleanup operations related to unauthorized discharges of oil and
3-22 hazardous substances.
3-23 Sec. 40.007. GENERAL POWERS AND DUTIES. (a) The commission
3-24 [commissioner] may promulgate rules necessary and convenient to
3-25 the administration of this chapter.
3-26 (b) The commission [commissioner] shall by rule establish
3-27 procedures under Chapter 2001, Government Code, for all hearings
4-1 required by this chapter. The commission [commissioner] may
4-2 administer oaths, receive evidence, issue subpoenas to compel
4-3 attendance of witnesses and production of evidence related to
4-4 hearings, and make findings of fact and decisions with respect to
4-5 administering this chapter.
4-6 (c) The commission [commissioner] may contract with any
4-7 public agency or private person or other entity, including entering
4-8 into cooperative agreements with the federal government, acquire
4-9 and dispose of real or personal property, delegate responsibility
4-10 for implementing the requirements of this chapter, and perform any
4-11 other act within or without the boundaries of this state necessary
4-12 to administer this chapter.
4-13 (d) If the commission [commissioner] finds it necessary to
4-14 enter property to conduct a vessel or terminal facility audit,
4-15 inspection, or drill authorized under this chapter or to respond to
4-16 an actual or threatened unauthorized discharge of oil, the
4-17 commission [commissioner] may enter the property after making a
4-18 reasonable effort to obtain consent to enter the property.
4-19 SECTION 5. Sections 40.053(a), (b), and (d), Natural
4-20 Resources Code, are amended to read as follows:
4-21 (a) The commission [commissioner] shall promulgate a state
4-22 coastal discharge contingency plan of response for actual or
4-23 threatened unauthorized discharges of oil and cleanup of pollution
4-24 from such discharges. In addition, the Texas Natural Resource
4-25 Conservation Commission, in cooperation with the commission
4-26 [commissioner], shall promulgate provisions of the plan relating to
4-27 unauthorized discharges of hazardous substances, and the Parks and
5-1 Wildlife Department, in cooperation with the commission
5-2 [commissioner], shall promulgate provisions of the plan relating to
5-3 the rescue and rehabilitation of aquatic life and wildlife and the
5-4 habitats on which they depend. [The commissioner shall cooperate
5-5 and consult with the Railroad Commission of Texas in promulgating
5-6 provisions of the plan relating to the exercise of authority by the
5-7 Railroad Commission of Texas pursuant to Subsection (b) of this
5-8 section to direct an owner or operator to abate or prevent
5-9 pollution as a result of an unauthorized discharge of oil.] The
5-10 plan shall be promulgated in a coordinate manner and adopted in an
5-11 integrated chapter of the Texas Administrative Code.
5-12 (b) In promulgating the plan, the commission [commissioner]
5-13 and the Texas Natural Resource Conservation Commission shall
5-14 provide for clear designation of responsibilities and avoid
5-15 unnecessary duplication and expense. [The plan shall provide that,
5-16 in the event of an unauthorized discharge of 240 barrels or less of
5-17 oil from an activity associated with the exploration, development,
5-18 or production of oil or gas, including the transportation of oil or
5-19 gas by pipeline, the Railroad Commission of Texas shall act as
5-20 state-designated on-scene coordinator for abatement, containment,
5-21 removal, and cleanup of the discharge pursuant to Section 91.101 of
5-22 this code, Section 26.131, Water Code, and this chapter.]
5-23 (d) The commission [commissioner] shall establish regional
5-24 response committees or utilize the area committees established by
5-25 federal law to advise and provide input in the development of
5-26 site-specific discharge contingency response plans.
5-27 [(1)] Membership on these committees shall include
6-1 broad-based representation from local governments, industry,
6-2 resource agencies, and citizens groups [and shall include staff
6-3 from the General Land Office].
6-4 [(2)] The committees shall develop regional response
6-5 recommendations and provide evaluation of response and
6-6 recommendations for improvement to the commission [commissioner]
6-7 following an actual or threatened unauthorized discharge.
6-8 SECTION 6. Sections 40.152 and 40.153, Natural Resources
6-9 Code, are amended to read as follows:
6-10 Sec. 40.152. USE OF FUND. (a) Except as provided by
6-11 Subsection (b), money [Money] in the fund may be disbursed only for
6-12 the following purposes [and no others]:
6-13 (1) administrative expenses, personnel and training
6-14 expenses, and equipment maintenance and operating costs related to
6-15 implementation and enforcement of this chapter;
6-16 (2) response costs related to abatement and
6-17 containment of actual or threatened unauthorized discharges of oil
6-18 incidental to unauthorized discharges of hazardous substances;
6-19 (3) response costs and damages related to actual or
6-20 threatened unauthorized discharges of oil;
6-21 (4) assessment, restoration, rehabilitation, or
6-22 replacement of or mitigation of damage to natural resources damaged
6-23 by an unauthorized discharge of oil;
6-24 (5) in an amount not to exceed $50,000 annually, the
6-25 small spill education program;
6-26 (6) in an amount not to exceed $1,250,000 annually,
6-27 interagency contracts under Section 40.302;
7-1 (7) the purchase of response equipment under Section
7-2 40.105 within two years of the effective date of this chapter, in
7-3 an amount not to exceed $4 million; thereafter, for the purchase
7-4 of equipment to replace equipment that is worn or obsolete;
7-5 (8) an inventory under Section 40.107, to be completed
7-6 by September 1, 1995, in an amount not to exceed $6 million; and
7-7 (9) other costs and damages authorized by this
7-8 chapter.
7-9 (b) An [; and]
7-10 [(10) in an] amount not to exceed the interest
7-11 accruing to the fund annually may be used by the commissioner of
7-12 the General Land Office for[,] erosion response projects under
7-13 Subchapter H, Chapter 33.
7-14 [(b) There is hereby appropriated from the fund to the
7-15 General Land Office, subject to this section, the amounts specified
7-16 for the purposes of Subdivisions (5) and (6) of Subsection (a) of
7-17 this section, $2.5 million for administrative costs under this
7-18 chapter for the two-year period beginning with the effective date
7-19 of this chapter, and the actual amounts necessary to pay response
7-20 costs and damages as provided in this chapter.]
7-21 Sec. 40.153. REIMBURSEMENT OF FUND. The commission
7-22 [commissioner] shall recover to the use of the fund, either from
7-23 persons responsible for the unauthorized discharge or otherwise
7-24 liable or from the federal fund, jointly and severally, all sums
7-25 owed to or expended from the fund. This section does not apply to
7-26 sums expended under Section 40.152(b) [40.152(a)(10)].
7-27 SECTION 7. Section 40.161(c), Natural Resources Code, is
8-1 amended to read as follows:
8-2 (c) This section does not apply to a sum expended under
8-3 Section 40.152(b) [40.152(a)(10)].
8-4 SECTION 8. Sections 40.008 and 40.303, Natural Resources
8-5 Code, are repealed.
8-6 SECTION 9. (a) This Act takes effect September 1, 2001.
8-7 (b) On the effective date of this Act, all powers and duties
8-8 of the General Land Office under Chapter 40, Natural Resources
8-9 Code, and all obligations, rights, contracts, records, and real or
8-10 personal property of the General Land Office relating to those
8-11 powers and duties are transferred to the Railroad Commission of
8-12 Texas.
8-13 (c) An obligation payable by the General Land Office from
8-14 the coastal protection fund established by Section 40.151, Natural
8-15 Resources Code, that is transferred by this Act to the Railroad
8-16 Commission of Texas may be paid under applicable law by the
8-17 Railroad Commission of Texas from the unexpended balance of an
8-18 appropriation from the fund made to the General Land Office for the
8-19 state fiscal biennium ending August 31, 2001.
8-20 (d) An appropriation to the General Land Office for the
8-21 state fiscal biennium beginning September 1, 2001, for the
8-22 performance of a power or duty under Chapter 40, Natural Resources
8-23 Code, transferred under this Act to the Railroad Commission of
8-24 Texas is transferred to the commission on that date.
8-25 (e) On the effective date of this Act, a person who is
8-26 employed by the General Land Office in a position involving the
8-27 performance of a function under Chapter 40, Natural Resources Code,
9-1 other than an administrative function is transferred to the
9-2 Railroad Commission of Texas. The Railroad Commission of Texas may
9-3 transfer to the commission a person who is employed by the General
9-4 Land Office in a position involving the performance of an
9-5 administrative function under Chapter 40, Natural Resources Code,
9-6 and whose function approximates that required by the commission to
9-7 implement this Act. The commission is not required to post a job
9-8 vacancy notice for a position involving the performance of an
9-9 administrative function if it transfers an employee of the General
9-10 Land Office. If the commission posts a notice for the position,
9-11 the commission may give preference to a person employed in a
9-12 similar position at the General Land Office.