79R2348 SLO-F

By:  Smith of Harris                                              H.B. No. 580

relating to the authority of a county to provide hazardous materials services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 11, Local Government Code, is amended by adding Chapter 353 to read as follows:
Sec. 353.001. DEFINITIONS. In this chapter: (1) "Hazardous material" means a flammable material, an explosive, a radioactive material, a hazardous waste, a toxic substance, or related material, including a substance defined as a "hazardous substance," "hazardous material," "toxic substance," or "solid waste" under: (A) the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.); (B) the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); (C) the federal Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.); or (D) Chapter 361, Health and Safety Code. (2) "Responsible party" means a person: (A) involved in the possession, ownership, or transportation of a hazardous material that is released or abandoned; or (B) who has legal liability for the causation of an incident resulting in the release or abandonment of a hazardous material. Sec. 353.002. HAZARDOUS MATERIALS SERVICE. A county may provide hazardous materials services, including a response to an incident involving hazardous material that has been: (1) leaked, spilled, or otherwise released; or (2) abandoned. Sec. 353.003. FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE; EXCEPTION. (a) A county, or a person authorized by contract on the county's behalf, may charge a reasonable fee to a responsible party for responding to a hazardous materials service call. (b) An individual who is a responsible party does not have to pay the fee if: (1) the individual is not involved in the possession, ownership, or transportation of the hazardous material as the employee, agent, or servant of another person; (2) the individual is involved solely for private, noncommercial purposes related to the individual's own property and the individual receives no compensation for any services involving the hazardous materials; and (3) the hazardous materials possessed, owned, or being transported by the individual are in forms, quantities, and containers ordinarily available for sale as consumer products to members of the general public. Sec. 353.004. EXEMPTION FOR GOVERNMENTAL ENTITIES. This chapter does not apply to hazardous materials owned or possessed by a governmental entity. SECTION 2. This Act takes effect September 1, 2005.