By:  Smith of Harris (Senate Sponsor - Gallegos)                  H.B. No. 580
	(In the Senate - Received from the House May 16, 2005; 
May 17, 2005, read first time and referred to Committee on Natural 
Resources; May 20, 2005, reported favorably by the following vote:  
Yeas 9, Nays 0; May 20, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


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:
	CHAPTER 353.  COUNTY HAZARDOUS MATERIALS SERVICES
	Sec. 353.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Concerned 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.
		(2)  "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.);
			(D)  the federal Hazardous Materials 
Transportation Act (49 U.S.C. Section 5101 et seq.); or
			(E)  Chapter 361, Health and Safety Code.                             
	Sec. 353.002.  APPLICABILITY.  This chapter applies to an 
incident involving hazardous material that has been leaked, 
spilled, released, or abandoned on any property.
	Sec. 353.003.  HAZARDOUS MATERIALS SERVICES.  (a)  A county 
may provide hazardous materials services, including a response to 
an incident involving hazardous material that has been leaked, 
spilled, released, or abandoned, if:
		(1)  the county first provides reasonable notice to a 
concerned party regarding the need for the hazardous materials 
services so that the concerned party has a reasonable opportunity 
to respond to the incident involving hazardous material; and
		(2)  the concerned party fails to respond or fails to 
respond in a timely and effective manner to the incident.
	(b)  A county may provide limited control and containment 
measures that are necessary to protect human health and the 
environment without first complying with the requirements of 
Subsection (a) if the county is the first entity to arrive at a site 
where an incident involving hazardous material has occurred that is 
prepared to take action in response to the incident.
	(c)  If the hazardous material is natural gas released from 
an underground facility as defined by Section 251.002, Utilities 
Code, the county:
		(1)  must comply with the requirements of Section 
251.159, Utilities Code; and
		(2)  may not operate any equipment or other controls or 
devices at the underground facility without the express permission 
of the operator of the facility.
	Sec. 353.004.  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, 
including a fee to offset the cost of providing control and 
containment measures under Section 353.003(b), to a concerned party 
for responding to a hazardous materials service call.
	(b)  A county, or a person authorized by contract on the 
county's behalf, may charge a fee for providing hazardous materials 
services under Section 353.003(a) only if the county has complied 
with the requirements of that subsection.  A concerned party is not 
liable for a fee associated with the county's hazardous materials 
services under Section 353.003(a) or a fee to offset the cost of 
providing control and containment measures under Section 
353.003(b) if the county provides hazardous materials services 
under Section 353.003(a) and the county does not provide notice as 
required by Section 353.003(a)(1).
	(c)  An individual who is a concerned party does not have to 
pay a fee under this section 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. 353.005.  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.                           



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