By: Hinojosa S.B. No. 1130
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that a pipeline operator report
contamination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 118 Natural Resources Code, is amended
by adding Section 118.006 to read as follows:
Sec. 118.006 CONTAMINATION REPORT. (a) If an operator to
which Section 188.001 applies observes or detects in the process of
the placement, repair, replacement, or maintenance of a pipeline,
any petroleum based contamination of soil or water in proximity to
the pipeline, the operator shall file a report and summary of such
observation with the commission and the landowner within 24 hours
of the observation.
(b) When contamination is discovered, the operator shall
allow the excavation to remain open for a minimum of two business
days.
(c) If the commission or the Texas Commission on
Environmental Quality does not withdraw a soil sample within two
business days of the discovery of the contamination, the operator
shall obtain a sample of the contaminated soil or groundwater and
provide it to an accredited laboratory to test:
(i) total petroleum hydrocarbons, and
(ii) benzene.
(d) Results from the test required under subsection (c)
shall be submitted to the commission.
(e) An operator that files a contamination report under this
section is released from all liability to the state for the cleanup
of contamination covered by the report, except for any
contamination caused by the operator.
SECTION 2. Section 118.006(e), Natural Resources Code, as
added by this Act, is an exercise of authority under Section 66(c),
Article III, Texas Constitution, and takes effect only if this act
receives a vote of three-fifths of all the members elected to each
house, as provided by Subsection (e) of that section.
SECTION 3. This Act takes effect September 1, 2005.