By: Armbrister S.B. No. 947
(In the Senate - Filed March 3, 2005; March 14, 2005, read
first time and referred to Committee on Natural Resources;
April 6, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 6, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 947 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to the release of hazardous waste in connection with
dredging and placement or storage of dredged materials by a port
authority or navigation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.271, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) to read as follows:
(g) A port authority or navigation district created under
Section 59, Article XVI, or Section 52, Article III, Texas
Constitution, is not a person responsible under this chapter for
the release or threatened release of hazardous waste from a
facility or at a site solely for its activities related to
construction or maintenance of waterways to facilitate navigation
if, in performing those activities:
(1) the port authority or navigation district is
acting in the jurisdiction of the port authority or navigation
district by virtue of the authority's or district's function as
sovereign;
(2) the port authority or navigation district requires
that dredged materials be sampled and analyzed before placement or
storage of those materials on land or submerged land; and
(3) the port authority or navigation district, after
exercising due diligence, does not accept dredged materials that
are hazardous waste.
(h) Subsection (g) may not be construed to relieve a port
authority or navigation district of liability if the port authority
or navigation district causes or contributes to the generation of
hazardous waste.
(i) As used in Subsection (g), activities related to
construction or maintenance of waterways to facilitate navigation
include:
(1) the dredging of materials from navigable waters or
the banks of navigable waters in the jurisdiction of the port
authority or navigation district;
(2) the placement or storage of dredged materials on
land or submerged land; and
(3) the construction, operation, or maintenance of a
placement area for dredged material.
SECTION 2. The change in law made by this Act does not apply
to an act or governmental proceeding of a port authority or
navigation district created under Section 59, Article XVI, or
Section 52, Article III, Texas Constitution, that is the subject of
litigation pending on the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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