H.B. 755 78(R)    BILL ANALYSIS


H.B. 755
By: Chisum
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The trucking industry, involved in transporting petroleum products in
bulk, is required by law to police the certification of underground
storage tanks they are delivering to.  This program, known as the
petroleum storage tank program, is designed to reduce or eliminate
pollution to underground water.   

Tank owners are required to certify that their tanks are in compliance, a
process that must be renewed each year.  A current certification must be
provided to the tank truck driver prior to unloading into the underground
tank.  The certification can also be verified by checking the physical
location on the Texas Commission on Environmental Quality (TCEQ) web site.
The information on this site is updated on a weekly basis. 

Penalties are accessed on motor carriers found depositing products into a
non-certified tank. However, these violations are primarily the result of
delayed paperwork filings with TCEQ, either the application for
self-certification or the renewal of that certification.  Additionally,
motor carriers deliver a great deal of the petroleum products at night
when the stores are closed and verification is not possible. 

The purpose of H.B. 755 is to restrict punishment for this offense to only
those who knowingly violate the law and not those that violate the law
through circumstances beyond their control. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 755 adds language restricting punishment to only those who knowingly
violate the law under Section 26.3467 (b), Water Code.  The changes in the
law apply to offenses committed on or after September 1, 2003.  Any
offense committed before September 1, 2003 is punishable under the
original law. 


EFFECTIVE DATE

September 1, 2003