79R2348 SLO-F

By:  Gallegos                                                     S.B. No. 198



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)  "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.