79R8798 T

By:  Bonnen                                                       H.B. No. 1987



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of underground and aboveground storage 
tanks.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.342, Water Code, is amended by adding 
Subsection (16-a) to read as follows:
		(16-a)  "Subsurface soil" does not include backfill or 
native material that is placed immediately adjacent to or 
surrounding an underground storage tank system when the system is 
installed or the system's individual components are replaced.
	SECTION 2.  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 3.  (a)  Sections 26.3467(b) and (c), Water Code, as 
amended 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 4.  Section 26.355(b), Water Code, is amended to 
read as follows:    
	(b)  An owner or operator of an underground or aboveground 
storage tank from which a regulated substance is released is liable 
to the state unless:
		(1)  the release was caused by:                                        
			(A) [1]  an act of God;                              
			(B) [2]  an act of war;                              
			(C) [3]  the negligence of the State of Texas or 
the United States; or
			(D) [4]  an act or omission of a third party; or
		(2)  the site at which the release occurred has been 
admitted into the petroleum storage tank state-lead program under 
Section 26.3573(r-1).
	SECTION 5.  Section 26.3573, Water Code, is amended by 
amending Subsections (r) and (s) and adding Subsection (r-1) to 
read as follows:
	(r)  Except as provided by Subsection (r-1), the [The] 
petroleum storage tank remediation account may not be used to 
reimburse any person for corrective action performed after 
September 1, 2005.
	(r-1)  The executive director shall grant an extension for 
corrective action reimbursement to a person if the person 
demonstrates to the executive director that the person has 
diligently and in good faith attempted to complete all corrective 
action by September 1, 2005.  The petroleum storage tank 
remediation account may be used to reimburse a person for 
corrective action performed under an extension before September 2, 
2007.  If a person who is granted an extension for corrective action 
reimbursement is not able to complete the corrective action by 
September 1, 2007, despite a good faith effort, the executive 
director by order shall place the site subject to the corrective 
action in the commission's petroleum storage tank state-lead 
program until the corrective action is completed to the 
satisfaction of the commission.
	(s)  The petroleum storage tank remediation account may not 
be used to reimburse any person for corrective action contained in a 
reimbursement claim filed with the commission after March 1, 2008 
[2006].
	SECTION 6.  Section 26.361, Water Code, is amended to read as 
follows:       
	Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.  
Notwithstanding any other provision of this subchapter, the 
reimbursement program established under this subchapter expires 
September 1, 2008 [2006].  On or after September 1, 2008 [2006], the 
commission may not use money from the petroleum storage tank 
remediation account to reimburse an eligible owner or operator for 
any expenses of corrective action or to pay the claim of a person 
who has contracted with an eligible owner or operator to perform 
corrective action.
	SECTION 7.  This Act takes effect September 1, 2005.