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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability for costs for the management of spilled or |
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discharged hazardous substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.266, Water Code, is amended to read as |
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follows: |
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Section 26.266. REMOVAL OF SPILL OR DISCHARGE. (a) Any |
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owner, operator, demise charterer, or person in charge of a vessel |
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or of any on-shore facility or off-shore facility shall immediately |
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undertake all reasonable actions to abate and remove the discharge |
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or spill subject to applicable federal and state requirements, and |
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subject to the control of the federal on-scene coordinator. |
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(b) In the event that the responsible person is unwilling or |
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in the opinion of the executive director is unable to remove the |
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discharge or spill, or the removal operation of the responsible |
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person is inadequate, the commission may undertake the removal of |
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the discharge or spill and may enter into agreements with other |
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persons or public or private entities [retain agents] for these |
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purposes who shall operate under the direction of the executive |
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director. |
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(c) Any discharge or spill of a hazardous substance, the |
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source of which is unknown, occurring in or having a potentially |
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harmful effect on waters in this state or in waters beyond the |
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jurisdiction of this state and which may reasonably be expected to |
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enter waters in this state may be removed by or under the direction |
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of the executive director. Any expense involved in the removal of a |
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[an unexplained] discharge or spill pursuant to Subsection (b) or |
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this subsection shall be paid, on the commission's approval, from |
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the account, subject to the authority of the commission to seek |
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reimbursement from an agency of the federal government, and from |
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the responsible person if the identity of that person is |
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discovered. |
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(d) Deleted by Acts 1989, 71st Leg., ch. 99, Sec. 4, eff. |
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Sept. 1, 1989. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |