By: Jackson S.B. No. 799
A BILL TO BE ENTITLED
relating to the environmental regulation and remediation of certain
dry cleaning facilities; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 374 to read as follows:
CHAPTER 374. DRY CLEANER ENVIRONMENTAL RESPONSE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 374.001. DEFINITIONS. In this chapter:
(1) "Chlorinated dry cleaning solvent" means any dry
cleaning solvent that contains a compound that has a molecular
structure containing the element chlorine.
(2) "Commission" means the Texas Commission on
(3) "Corrective action" means those activities
described by Section 374.152 or 374.153.
(4) "Corrective action plan" means a plan approved by
the commission to perform corrective action at a dry cleaning
(5) "Dry cleaning facility" means:
(A) a commercial establishment that operates, or
has operated, in whole or in part for the purpose of cleaning
garments or other fabrics using a process that involves any use of
dry cleaning solvents;
(B) all contiguous land used in connection with
the establishment; and
(C) all structures and other appurtenances and
improvements located on the contiguous land and used in connection
with the establishment.
(6) "Dry cleaning solvent" includes:
(A) perchloroethylene, also known as
tetrachloroethylene, petroleum-based solvents, and other
nonaqueous solvents used in the cleaning of garments or other
fabrics at a dry cleaning facility; and
(B) the chemicals and compounds into which the
(7) "Dry cleaning unit" means a machine or device that
uses dry cleaning solvents to clean garments and other fabrics and
any piping, ancillary equipment, and containment system associated
with the machine or device.
(8) "Executive director" means the executive director
of the commission.
(9) "Fund" means the dry cleaning facility release
(10) "Owner" means a person who owns or leases, or has
owned or leased, a dry cleaning facility and who is or has been
responsible for the operation of dry cleaning operations at the dry
(11) "Release" means a spill, emission, discharge,
escape, leak, or disposal of dry cleaning solvent from a dry
cleaning facility into the soil or water of the state.
(12) "Retailer" means a business that is registered
for purposes of the retail sales tax under Chapter 151, Tax Code,
and provides dry cleaning, or dry cleaning and laundry, services to
Sec. 374.002. APPLICABILITY OF OTHER LAW. To the extent
that this chapter is inconsistent or in conflict with Chapter 361 or
other general law, this chapter prevails.
Sec. 374.003. APPLICABILITY TO GOVERNMENTAL BODIES. This
chapter does not apply to a governmental entity, including a
governmental agency or prison.
Sec. 374.004. ADVISORY COMMITTEE. (a) The executive
director shall appoint an advisory committee composed of
representatives of the dry cleaning industry for the purpose of
providing professional and practical expertise to the commission
(1) review and comment on the methodology the
commission uses to rank contaminated sites under Section 374.154;
(2) review and comment on the report the commission
prepares each biennium under Section 374.056; and
(3) assist in the development of rules to implement
(b) A member of the committee serves at the will of the
[Sections 374.005–374.050 reserved for expansion]
SUBCHAPTER B. RULES, STANDARDS, CRITERIA, AND REPORTS
Sec. 374.051. COMMISSION RULES AND STANDARDS. (a) The
commission shall adopt rules necessary to administer and enforce
this chapter. Rules adopted under this section must be reasonably
(1) to preserve, protect, and maintain the water and
other natural resources of this state; and
(2) to provide for prompt corrective action of
releases from dry cleaning facilities.
(b) The commission shall adopt rules that establish:
(1) performance standards for dry cleaning
(2) requirements for the removal of dry cleaning
solvents and wastes from dry cleaning facilities that are to be
closed by the owner to prevent future releases;
(3) criteria to be used in setting priorities for the
expenditure of money from the fund after consideration of:
(A) the benefit to be derived from corrective
action compared to the cost of implementing the corrective action;
(B) the degree to which human health and the
environment are affected by exposure to contamination;
(C) the present and reasonably foreseeable
future uses of affected surface water or groundwater;
(D) the effect that interim or immediate remedial
measures may have on future costs;
(E) the amount of money available for corrective
action in the fund; and
(F) any additional factors the commission
considers relevant; and
(4) criteria under which the commission may determine
the level at which corrective action is considered to be complete.
Sec. 374.052. FACILITY RETROFITTING. (a) The commission
by rule shall require dry cleaning facilities operating on or
before January 1, 2004, to implement the performance standards
adopted under Section 374.053 not later than January 1, 2006.
(b) This section expires January 1, 2007.
Sec. 374.053. PERFORMANCE STANDARDS FOR NEW DRY CLEANING
FACILITIES. (a) The commission by rule shall adopt performance
standards for a new dry cleaning facility.
(b) Rules adopted under this section must allow for the use
of new technologies as they become available.
(c) Rules adopted under this section must require:
(1) proper storage and disposal of wastes generated at
the facility that contain any quantity of dry cleaning solvent;
(2) compliance with emissions standards for hazardous
air pollutants for perchloroethylene dry cleaning facilities
adopted by the United States Environmental Protection Agency on
September 22, 1993;
(3) dikes or other containment structures to be:
(A) installed around each dry cleaning unit and
each storage area for dry cleaning solvent or waste; and
(B) capable of containing any leak, spill, or
release of dry cleaning solvent;
(4) all diked floor surfaces on which any dry cleaning
solvent may leak, spill, or otherwise be released to be made of
epoxy, steel, or another material impervious to dry cleaning
(5) all chlorinated dry cleaning solvents to be
delivered to dry cleaning facilities by means of closed,
direct-coupled delivery systems, when those systems have become
(d) Rules adopted under this section shall ensure that
wastewater from a dry cleaning unit or discharge of dry cleaning
solvent is not discharged to a sanitary sewer, to a septic tank, or
to water of this state.
Sec. 374.054. COMPLETION CRITERIA. (a) In determining
whether a corrective action is complete, the commission shall
consider the factors listed under Section 374.051(b)(3) and:
(1) individual site characteristics, including
natural remediation processes;
(2) state water quality standards;
(3) whether deviation from state water quality
standards or from established criteria is appropriate, based on the
degree to which the desired remediation level is achievable and may
be reasonably and cost-effectively implemented; and
(4) additional factors the commission considers
(b) In considering a deviation under Subsection (a)(3), a
deviation from a state water quality standard may not result in the
application of a standard that is more stringent than the
Sec. 374.055. CRITERIA FOR ADMINISTRATION OF CHAPTER. (a)
The commission shall administer this chapter in accordance with
(b) To the maximum extent possible, the commission shall:
(1) deal with contamination from dry cleaning
facilities by using money in the fund; and
(2) discourage other units of government, both federal
and local, including the United States Environmental Protection
Agency, from becoming involved in the contamination problems
resulting from releases.
(c) The commission shall make every reasonable effort to
prevent the listing of sites where dry cleaning solvents are
involved on the federal National Priorities List under the federal
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended.
(d) The commission may not seek out contaminated dry
cleaning facility sites because of the existence of the fund or this
chapter but shall use money from the fund as sites are discovered in
the normal course of the commission's business.
(e) The commission shall carefully consider interim or
early corrective action that may result in an overall reduction of
risk to human health and the environment and in the reduction of
total costs of corrective action at a site.
(f) The commission, in its discretion, may use innovative
technology to perform corrective action.
(g) To the maximum extent possible, money in the fund must
be used to address contamination resulting from releases.
Sec. 374.056. REPORT TO GOVERNOR AND LEGISLATURE. On or
before December 1 of each even-numbered year, the executive
director shall submit to the governor, lieutenant governor, speaker
of the house of representatives, and members of the appropriate
standing committees of the senate and the house of representatives
a report regarding:
(1) money deposited to the credit of the fund during
the two previous fiscal years and the sources of the receipts;
(2) disbursements from the fund during the two
previous fiscal years and the purposes of the disbursements;
(3) the extent of corrective action taken under this
chapter during the two previous fiscal years; and
(4) the ranking of sites on the date the report is
[Sections 374.057-374.100 reserved for expansion]
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 374.101. DRY CLEANING FACILITY RELEASE FUND. (a) The
dry cleaning facility release fund is an account in the general
(b) The fund consists of money from:
(1) proceeds from the surcharges and fees imposed by
(2) interest attributable to investment of money in
(3) money recovered by the state under this chapter,
including any money paid under an agreement with the commission or
as civil penalties; and
(4) money received by the commission in the form of
gifts, grants, reimbursements, or appropriations from any source
intended to be used for the purposes of this chapter.
(c) Money in the fund may be appropriated only to the
commission for the purposes of this chapter.
Sec. 374.102. REGISTRATION; FEE; POSTING. (a) Each owner
of an operating dry cleaning facility shall register with the
commission on a form provided by the commission.
(b) The registration must be accompanied by a fee of $100
for each operating dry cleaning facility owned by the owner.
(c) Fees paid under this section shall be deposited to the
credit of the fund.
(d) The owner of a dry cleaning facility shall post the
owner's registration number, in a manner prescribed by the
commission, in the public area of each of the owner's operating dry
(e) Registration under this section must be renewed
Sec. 374.103. ENVIRONMENTAL SURCHARGE, GROSS RECEIPTS
SURCHARGE; DISPOSITION OF PROCEEDS. (a) Subject to Section
374.105, an environmental surcharge on gross business receipts is
imposed for the privilege of engaging in the business of laundering
and dry cleaning garments and other household fabrics in this
state. The surcharge shall be at a rate of 2.5 percent of the gross
receipts received from dry cleaning or laundering services. The
consumer shall pay the surcharge to the retailer, who shall collect
the full amount of the surcharge in the manner Chapter 151, Tax
Code, prescribes for the collection of a tax.
(b) Gross receipts otherwise subject to the surcharge
imposed by this section are exempt from the surcharge if they arise
(1) services performed through a coin-operated
device, whether automatic or manually operated, available for use
by the general public;
(2) the laundering without use of dry cleaning
solvents of uniforms, linens, or other textiles for commercial
purposes, including any rental of uniforms, linens, or dust control
(3) charges or services to an entity that qualifies
for an exemption from the retail sales tax on laundering and dry
cleaning services under Chapter 151, Tax Code.
(c) The surcharge shall be collected at the same time and in
the same manner and shall be administered and enforced in the same
manner as the retail sales tax imposed under Chapter 151, Tax Code.
The comptroller shall adopt any additional procedures needed for
the collection, administration, and enforcement of the surcharge
imposed by this section and shall deposit all remitted surcharges
to the credit of the fund. For the purpose of this section, the
proceeds of the surcharge include all money collected and received
by the comptroller under this section, including interest and
penalties on delinquent surcharges.
(d) Chapter 151, Tax Code, applies to the surcharge imposed
by this section to the extent that chapter is not inconsistent with
Sec. 374.104. FEE ON PURCHASE OF DRY CLEANING SOLVENT;
DISPOSITION OF PROCEEDS. (a) Subject to Section 374.105, a fee of
$5 per gallon is imposed on the purchase of the dry cleaning solvent
perchloroethylene by an owner of a dry cleaning facility. The
person who distributes the solvent shall pay the fee to the
(b) In the case of a fraction of a gallon, the fee imposed is
the amount computed by multiplying that fraction by the amount of
the fee imposed on a whole gallon.
(c) A person who distributes dry cleaning solvent may not
sell the solvent for use in a dry cleaning facility unless the
person first obtains and records the registration number of the
owner of the facility.
(d) The fee shall be collected at the same time and in the
same manner and shall be administered and enforced in the same
manner as the retail sales tax imposed under Chapter 151, Tax Code.
The comptroller shall adopt any additional procedures needed for
the collection, administration, and enforcement of the fee imposed
by this section and shall deposit all remitted fees to the credit of
the fund. For the purpose of this section, the proceeds of the fee
include all money collected and received by the comptroller under
this section, including interest and penalties on delinquent fees.
(e) Chapter 151, Tax Code, applies to the fees imposed by
this section to the extent that chapter is not inconsistent with
(f) The comptroller shall administer and enforce this
section and adopt any rules necessary to carry out the
comptroller's responsibilities under this section.
Sec. 374.105. IMPOSITION OF SURCHARGES AND FEES DEPENDENT
ON BALANCE OF FUND. (a) The surcharges and fees imposed by
Sections 374.103 and 374.104 may not be collected or required to be
paid on or after July 1 of a calendar year if the executive director
notifies the comptroller under Subsection (c) that the unobligated
principal balance of the fund exceeds $20 million on April 1 of that
(b) The surcharges and fees imposed by Sections 374.103 and
374.104 shall be reinstated effective July 1 of a calendar year if
the executive director notifies the comptroller under Subsection
(c) that the unobligated principal balance of the fund is less than
$10 million on April 1 of that year.
(c) Not later than April 5 of each calendar year, the
executive director shall notify the comptroller of the unobligated
principal balance of the fund on April 1 of that year.
(d) The comptroller promptly shall notify persons from whom
a surcharge is to be collected under Section 374.103 and persons
from whom a fee is to be collected under Section 374.104 if the
imposition of the surcharges and fees are to be suspended or
reinstated on the following July 1.
[Sections 374.106-374.150 reserved for expansion]
SUBCHAPTER D. RESPONSE TO RELEASE; CORRECTIVE ACTION
Sec. 374.151. RESPONSE TO RELEASE. (a) A person may not
intentionally allow a release.
(b) A person who knows of a release over a 24-hour period of
more than one quart of a chlorinated dry cleaning solvent or of more
than one gallon of a non-chlorinated dry cleaning solvent shall:
(1) immediately contain and control the release; and
(2) notify the commission of the release before the
expiration of 48 hours after the person learns of the release.
Sec. 374.152. INVESTIGATION AND ASSESSMENT OF RELEASE;
EMERGENCY ACTION. (a) If a release or a potential release poses a
threat to human health or to the environment, the commission shall:
(1) investigate and assess the extent of the resulting
(2) take necessary or appropriate emergency action to
ensure that human health or safety is not threatened by the release
or the potential release.
(b) Emergency action under Subsection (a)(2) may include
the treatment, restoration, or replacement of drinking water
Sec. 374.153. CORRECTIVE ACTION. (a) Subject to
Subchapter E, the commission shall take corrective action for a
release from a dry cleaning facility that results in contamination,
including contamination that may have moved off the dry cleaning
(b) Corrective action includes the cleanup of affected
soil, groundwater, or surface water using the most cost-effective
(1) is technologically feasible and reliable;
(2) provides adequate protection of human health and
the environment; and
(3) minimizes, to the extent practical, environmental
(c) The commission shall:
(1) operate and maintain corrective action;
(2) monitor releases from a dry cleaning facility,
including contamination that may have moved off the dry cleaning
(3) pay the reasonable costs incurred by the
commission in providing field and laboratory services; and
(4) pay the reasonable costs of restoring property, as
nearly as practicable, to the conditions that existed before the
activities associated with:
(A) the investigation of a release;
(B) a cleanup; or
(C) related corrective action.
(d) The commission shall ensure the removal and proper
disposal of wastes generated by a release.
(e) Except as provided by Subchapter E, the commission shall
pay the costs of corrective action conducted under this subchapter
by the commission or by other entities approved by the commission,
regardless of whether the corrective action is included in a
corrective action plan.
Sec. 374.154. RANKING OF CONTAMINATED DRY CLEANING SITES.
(a) For a contaminated dry cleaning site that does not require
emergency action under Section 374.152, the commission shall assign
a rank for the site relative to other sites previously ranked and
awaiting corrective action based on information contained in the
application for ranking.
(b) The following persons are eligible to apply for a site
to be ranked under Subsection (a):
(1) a person who is and has been an owner of the dry
cleaning facility for not less than five years; and
(2) a person who is and has been an owner of the real
property on which the facility is located for not less than five
(c) If the applicant for ranking:
(1) is not an owner of the real property, the
application must include proof that an owner of the real property
has been notified of the application; or
(2) is an owner of the real property and the facility
is leased, the application must include proof that a lessee has been
notified of the application.
(d) The application for ranking must contain information
and evidence required by commission rule to aid in ranking. The
information and evidence required may include:
(1) water or soil samples;
(2) analyses of the water or soil samples;
(3) hydrogeologic information from the contaminated
(4) information concerning the site's proximity to a
private or public water supply; and
(5) other information or evidence the commission
(e) The costs incurred by an applicant in collecting the
information and evidence under Subsection (d) shall be credited
against the deductible payable by the applicant under Section
(f) The commission shall notify the applicant of the
relative ranking the commission assigns the applicant's site on or
before the 90th day after the date the application is received by
(g) The commission shall keep a separate list for ranking
applicants for the reimbursement of money spent on corrective
actions taken before January 1, 2004.
Sec. 374.155. POWER TO MODIFY COMMISSION RANKINGS OR
POSTPONE CORRECTIVE ACTIONS. The commission may:
(1) modify the ranked status of a site as warranted
under the system of priorities established under Section
(2) postpone temporarily the completion of a
corrective action for which money from the fund is being used, if
the postponement is necessary to make money available for
corrective action at a site with a higher ranking.
Sec. 374.156. ENTRY ONTO PROPERTY. (a) An authorized
officer, employee, or agent of the commission, or a person under
order of or contract with the commission, at reasonable times and on
written notice to the owner or occupant of any property or premises,
may enter onto the property or premises to take corrective action if
the executive director determines that the action is necessary to
protect the public health or environment.
(b) If consent to enter is not granted by the person in
control of a site that is the subject of a notice under this
section, the commission may issue an order directing compliance
with the notice. The order may be issued only after providing the
notice and opportunity for consultation that are reasonably
appropriate under the circumstances.
[Sections 374.157-374.200 reserved for expansion]
SUBCHAPTER E. LIABILITY AND RESPONSIBILITY
Sec. 374.201. PROPORTIONATE SHARE OF LIABILITY. (a) At a
site with more than one source of contamination, the commission
(1) use money in the fund to pay only for the
proportionate share of the liability for corrective action costs
that is attributable to a release or releases from one or more dry
cleaning facilities; and
(2) determine the relative liability of the fund for
costs of corrective action, expressed as a percentage of the total
cost of corrective action at a site, whether known or unknown.
(b) The commission shall issue an order establishing the
percentage of liability. The order is binding and controls the
obligation of the fund unless amended by the commission. If an
appeal from the order is made, the percentage of liability
established by the order must control for costs incurred while the
appeal is pending.
Sec. 374.202. OWNER RESPONSIBILITY. (a) The commission
may hold an owner responsible for up to 100 percent of the costs of
corrective action attributable to the owner if the commission
finds, after notice and an opportunity for a hearing that:
(1) requiring the owner to bear the responsibility
will not prejudice another owner or person who is eligible, under
this chapter, to have corrective action costs paid by the fund; and
(2) the owner:
(A) caused a release by intentional or wanton
actions and by operating practices contrary to those generally in
use at the time of the release;
(B) is in arrears for money owed under this
chapter, after notice and an opportunity to correct the arrearage;
(C) substantially obstructed the efforts of the
commission to carry out its obligations under this chapter other
than by the exercise of the owner's legal rights;
(D) caused or allowed the release because of a
material violation of the performance standards established by this
chapter or the rules adopted by the commission under this chapter;
(E) has more than once violated Section 374.151
or related commission rules.
(b) For purposes of Subsection (a), unless a transfer is
made solely to take advantage of this section, purchasers of stock
or other indicia of ownership and other successors in interest are
not considered to be the same owner or operator as the seller or
transferor of the stock or indicia of ownership even though there
may be no change in the legal identity of the owner or operator.
(c) To the extent that an owner is responsible for
corrective action costs under this subsection, the owner is not
entitled to the exemption under Section 374.207.
Sec. 374.203. LIMITATION ON USE OF FUND FOR CORRECTIVE
ACTION. (a) In this section, "contaminated dry cleaning site" means
the areal extent of soil or groundwater contamination with dry
(b) The commission shall limit reimbursement from the fund
for corrective action costs incurred at a single contaminated dry
cleaning site on or after September 1, 2003, and before January 1,
2005, to an amount not to exceed $20,000.
(c) The commission shall limit payment from the fund in a
fiscal year for corrective action costs incurred at a single
contaminated dry cleaning site on or after January 1, 2005, to an
amount not to exceed three percent of the total amount deposited to
the credit of the fund in the preceding fiscal year.
(d) The commission may not use money from the fund for the
payment of costs in excess of $5 million for corrective action at a
single contaminated dry cleaning site.
(e) The commission may not use money from the fund for
corrective action at a contaminated dry cleaning site unless at the
time corrective action is to begin the site has been under the same
ownership for not less than five years.
(f) The owner of a dry cleaning facility, or other person
who submits the application for ranking the facility under Section
374.154, shall pay as a deductible the first $5,000 of corrective
action costs incurred because of a release from the dry cleaning
facility. The commission may take corrective action regardless of
whether the commission obtains the deductible.
Sec. 374.204. LIMITATION ON LIABILITY. The fund, the
commission, the executive director, this state, or agents or
employees of this state may not be held liable for loss of business,
damages, or taking of property associated with any corrective
action taken under this chapter.
Sec. 374.205. LIMITATION ON USE OF FUND FOR THIRD
PARTIES. Money from the fund may not be used to compensate third
parties for bodily injury or property damage caused by a release,
other than property damage included in a corrective action plan
approved by the commission.
Sec. 374.206. USE OF OTHER SOURCES OF MONEY. This chapter
does not create a liability or responsibility on the part of the
commission, the executive director, this state, or agents or
employees of this state to pay any corrective action costs from a
source other than the fund or to take corrective action if the
amount of money in the fund is insufficient.
Sec. 374.207. ELIGIBLE OWNER EXEMPT FROM CERTAIN
CLAIMS. If an owner or other person is eligible under this chapter
to have corrective action costs paid by the fund, an administrative
or judicial claim may not be made under state law against the owner
or other person by or on behalf of a state or local government or by
any other person to compel corrective action or seek recovery of the
costs of corrective action that result from the release.
Sec. 374.208. UNAUTHORIZED PAYMENTS. (a) The commission
may pay costs from the fund under this chapter only if the costs
(1) integral to corrective action for a release; or
(2) required for the administration or enforcement of
(b) The commission may not spend money from the fund:
(1) for corrective action at a site contaminated by
solvents normally used in dry cleaning operations, if the
contamination did not result from the operation of a dry cleaning
(2) for corrective action at a site, other than a dry
cleaning facility, that is contaminated by dry cleaning solvents
that were released while being transported to or from a dry cleaning
facility by a person other than the owner of the dry cleaning
facility or the owner's agents or employees; or
(3) for the payment of any costs:
(A) associated with a fine or penalty brought
against a dry cleaning facility owner under state or federal law; or
(B) related to corrective action at a dry
cleaning facility that:
(i) has been included by the United States
Environmental Protection Agency on the national priorities list; or
(ii) is a hazardous waste facility eligible
for listing on the state registry under Subchapter F, Chapter 361.
[Sections 374.209-374.250 reserved for expansion]
SUBCHAPTER F. REVIEW OF ORDERS AND DECISIONS; VIOLATIONS;
Sec. 374.251. REVIEW OF ORDERS AND DECISIONS. (a) A person
affected by an order or decision of the commission under this
chapter may, on or before the 15th day after the date of service of
the order or decision, make a written request for a hearing.
(b) A person affected by the decision in an administrative
hearing under Subsection (a) is entitled to judicial review and may
appeal the decision on or before the 31st day after the date on
which the decision was rendered.
Sec. 374.252. VIOLATIONS; PENALTIES. (a) A person is
subject to an administrative penalty if the person:
(1) operates a dry cleaning facility in violation of
this chapter, rules adopted under this chapter, or orders of the
commission made under this chapter;
(2) prevents or hinders a properly identified
authorized officer, employee, or agent of the commission, or a
properly identified person under order of or contract with the
commission, from entering, inspecting, sampling, or responding to a
release as authorized by this chapter;
(3) knowingly makes any false material statement or
representation in any record, report, or other document filed,
maintained, or used for the purpose of compliance with this
(4) knowingly destroys, alters, or conceals any record
that this chapter or rules adopted under this chapter require to be
(5) violates Section 374.151 or related commission
(b) On finding that a person is subject to an administrative
penalty, the commission may impose on the person an administrative
penalty in an amount not to exceed $500 for each violation.
(c) In assessing an administrative penalty under this
section, the commission shall consider, if applicable, the
(1) the extent to which the violation presents a
hazard to human health;
(2) the extent to which the violation has or may have
an adverse effect on the environment;
(3) the amount of the reasonable costs incurred by
this state in detection and investigation of the violation; and
(4) the economic savings realized by the person by not
complying with the provision for which a violation is charged.
SECTION 2. (a) Not later than December 1, 2003, the Texas
Commission on Environmental Quality shall adopt any rules,
performance standards, or forms required for the implementation of
Chapter 374, Health and Safety Code, as added by this Act.
(b) Performance standards for new dry cleaning facilities
under Section 374.053, Health and Safety Code, as added by this Act,
apply only to a dry cleaning facility first brought into use on or
after April 1, 2004.
(c) Not later than December 1, 2003, the comptroller shall
adopt any rules or forms required for the implementation of the
comptroller's duties under Chapter 374, Health and Safety Code, as
added by this Act.
(d) The changes in law made by Sections 374.204 and 374.207,
Health and Safety Code, as added by this Act, apply only to a cause
of action that accrues on or after January 1, 2004. A cause of
action that accrued before January 1, 2004, is subject to the law
governing the action that was in effect when the action accrued, and
that law is continued in effect for that purpose.
(e) Chapter 374, Health and Safety Code, as added by this
Act, does not apply to any corrective actions taken by the Texas
Commission on Environmental Quality at a dry cleaning facility as
defined by Section 374.001, Health and Safety Code, as added by this
Act, before the effective date of this Act.
SECTION 3. (a) Except as provided by this section, this Act
takes effect September 1, 2003.
(b) The Texas Commission on Environmental Quality may not
collect fees, surcharges, or penalties imposed by this Act or
deposit those fees, surcharges, or penalties to the dry cleaning
facility release fund established under Chapter 374, Health and
Safety Code, as added by this Act, before January 1, 2004.
(c) Disbursements from the dry cleaning facility release
fund for the purposes of Chapter 374, Health and Safety Code, as
added by this Act, may not begin before January 1, 2005.
(d) Sections 374.056 and 374.252, Health and Safety Code, as
added by this Act, take effect January 1, 2004.