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By:  Homer                                                        H.B. No. 3438



A BILL TO BE ENTITLED

AN ACT

relating to participation in the Dry Cleaning Facility Release 
Fund.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 374.104, Health and Safety Code, is 
amended to read as follows:
	(a)  The owner of a dry cleaning facility may file with the 
commission an option for the facility not to participate in fund 
benefits.
	(b)  An option not to participate must be filed before 
January 1, 2006 [2004].
	(c)  The commission shall designate a facility as 
nonparticipating if the owner demonstrates, at the owner's expense 
and in accordance with commission rules, that the owner has never 
used or allowed the use of the dry cleaning solvent 
perchloroethylene at any dry cleaning facility in this state.  The 
owner must also agree that perchloroethylene will not be used as a 
dry cleaning solvent at the facility.
	(d)  A facility designated as nonparticipating is not 
subject to the fees on dry cleaning solvents, other than 
perchloroethylene, under Section 374.103.
	(e)  On payment of the registration fee, the commission shall 
issue a specially marked registration document to the owner of a 
nonparticipating facility.  The owner shall post the registration 
document in the public area of the facility.
	(f)  After a facility is designated as nonparticipating:                       
		(1)  the owner of the facility is not eligible for any 
expenditures of money from the fund or other benefits of 
participation under this chapter for that facility; and
		(2)  that facility may not later become a participating 
facility.