By:  Chisum (Senate Sponsor - Seliger)                            H.B. No. 1047
	(In the Senate - Received from the House May 12, 2005; 
May 13, 2005, read first time and referred to Committee on Natural 
Resources; May 23, 2005, reported favorably by the following vote:  
Yeas 8, Nays 0; May 23, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the offense of failing to certify compliance of an 
underground storage tank before accepting delivery of the regulated 
substance to be stored in the tank.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 26.3467(b) and (c), Water Code, are 
amended to read as follows:
	(b)  An owner or operator of an underground storage tank [A 
person] who knowingly violates Subsection (a) commits an offense 
that is punishable as provided by Section 7.156 for an offense under 
that section.
	(c)  A person who sells a regulated substance to a common 
carrier who delivers the regulated substance to the owner or 
operator of an underground storage tank into which the regulated 
substance is deposited, and who does not deliver the regulated 
substance into the underground storage tank, and the common carrier 
who delivers the regulated substance to the owner or operator of an 
underground storage tank into which the regulated substance is 
deposited, are [is] not liable under this chapter with respect to 
that tank.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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