SRC-TAG H.B. 2252 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2252
78R11581 SGA-DBy: Flores (Hinojosa)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Current law allows the Texas Commission on Environmental Quality to place
a lien against certain landowners without considering an individual's
ability to satisfy the lien.  H.B. 2252 grants more flexibility to the
executive director in determining whether to place a  lien on a property
and to do so in a way which better benefits the owner of the property. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 4 (Section 361.201, Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.181(c), Health and Safety Code, to define
"homestead." Makes a nonsubtantive change. 

SECTION 2.  Amends Section 361.194(b), Health and Safety Code, to require
the executive director to determine whether to prepare an affidavit.
Requires the executive director, in determining whether to prepare an
affidavit or whether a lien's satisfied, to proceed in the manner the
executive director determines will most likely result in the least overall
costs to the state after any recovery action and authorizes the executive
director to take into account a landowner's financial ability to satisfy
the lien, among other factors. 

SECTION 3.  Amends Section 361.197, Health and Safety Code, by adding
Subsection (e) to prohibit TCEQ from filing a cost recovery action under
this section against an individual if the individual's only significant
asset is a homestead that: includes the facility subject to or affected by
a remedial action; is occupied by the individual as a home; and has a fair
market value of $250,000 or less. 

SECTION 4.  Amends Section 361.201, Health and Safety Code, by adding
Subsections (d) and (e), as follows: 

(d)  Requires TCEQ to determine whether a potentially responsible party is
financially capable of conducting any necessary remediation studies or
remedial action if the responsible party is an individual whose homestead
includes the facility subject to or affected by a remedial action. 
 
(e)  Requires TCEQ by rule to adopt criteria for determining the financial
capability of an individual under Subsection (d).  Requires the rules to
provide that the value of the individual's homestead may not be included
in the total amount of the individual's assets if the individual is
occupying the homestead as a home, and the fair market value of the
homestead is $250,000 or less.  

SECTION 5.  (a)  Provides that the change in law made by Sections 2 and 3
of this Act applies to a lien affidavit prepared under Section 361.194,
Health and Safety Code, or a cost recovery action filed under Section
361.197, Health and Safety Code, by TCEQ to recover money spent by TCEQ
for a hazardous waste remediation project that is completed under
Subchapter F, Chapter 361, Health and Safety Code, on or after the
effective date of this Act. 
 
 (b)  Provides that the change in law made by Section 4 of this Act
applies to a potential  remediation project for which a remedial
investigation or feasibility study under Section 361.185, Health and
Safety Code, begins on or after the effective date of this Act.  

(c)  Requires TCEQ, not later than December 1, 2003, to adopt rules to
implement the changes in law made by Sections 361.181, 361.194, 361.197,
and 361.201, Health and Safety Code, as amended by this Act. 

SECTION 6.  Effective date: September 1, 2003.