79R2065 SLO-F

By:  Jackson, Mike                                                S.B. No. 681


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.