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  80R9398 SLO-F
 
  By: Kuempel H.B. No. 3547
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a private entity to provide hazardous
materials services.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 353.003, Local Government Code, is
amended by adding Subsection (d) to read as follows:
       (d)  If a county does not provide hazardous materials
services under this chapter in response to an incident, a private
entity may provide hazardous materials services in response to the
incident, including limited control and containment measures under
Subsection (b), in the manner provided by this chapter. A private
entity must comply with this chapter in providing the hazardous
materials services.
       SECTION 2.  Section 353.004, Local Government Code, is
amended by adding Subsection (d) to read as follows:
       (d)  A private entity that provides hazardous materials
services under Section 353.003(d) may charge to a concerned party a
reasonable fee, including a fee to offset the cost of providing
control and containment measures under Section 353.003(b), for
responding to a hazardous materials service call. The requirements
of this section apply to the recovery of a fee under this
subsection.
       SECTION 3.  This Act takes effect September 1, 2007.