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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements regarding reporting by a common |
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carrier or pipeline owner or operator of contamination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (2), Subsection (a), Section 81.056, |
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Natural Resources Code, is amended to read as follows: |
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(2) "Owner of the land" [or "landowner"] means a [the
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first] person who owns [is shown on the appraisal roll of the
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appraisal district established for the county in which a tract of
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land is located as owning] an interest in the surface estate of a |
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tract of [the] land at the time a contamination report is required |
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to be made under this section. |
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SECTION 2. Section 81.056, Natural Resources Code, is |
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amended by adding Subsections (a-1), (a-2), (c-1), and (c-2) and |
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amending Subsections (b) and (d) to read as follows: |
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(a-1) This section does not apply to contamination that is |
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in proximity to: |
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(1) a gathering line; or |
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(2) a pipeline that is located entirely within a tract |
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that is subject to an oil or gas lease. |
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(a-2) A common carrier or an owner or operator of a pipeline |
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is required to report contamination under Subsection (b) unless the |
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common carrier or pipeline owner or operator is required to report |
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the contamination under another statute or under a commission rule |
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adopted under another statute. If the common carrier or pipeline |
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owner or operator is required to report the contamination under |
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another statute or under a commission rule adopted under another |
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statute, the common carrier or pipeline owner or operator is not |
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required to report the contamination under Subsection (b). |
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(b) If in the process of placing, repairing, replacing, or |
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maintaining a pipeline a common carrier or an owner or operator of a |
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pipeline observes or detects any subsurface petroleum-based |
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contamination of soil or water in proximity to the pipeline, the |
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common carrier or pipeline owner or operator shall report the |
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contamination to the commission and to an [the] owner of the land on |
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which the pipeline is located or an occupant of the land. If the |
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common carrier or pipeline owner or operator does not know the |
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identity of an owner of the land, the common carrier or pipeline |
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owner or operator may satisfy the requirement to report the |
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contamination to an owner of the land or an occupant of the land by |
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reporting the contamination to the first person who is shown on the |
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appraisal roll of the appraisal district established for the county |
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in which the land is located as owning an interest in the surface |
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estate of the land at the time the report is required to be made. |
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Petroleum-based contamination of soil or water that is observed or |
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detected is required to be reported under this subsection if: |
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(1) hydrocarbons are present on the surface of the |
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water; |
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(2) at least five linear yards of soil have been |
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affected by hydrocarbons; or |
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(3) soil affected by hydrocarbons extends beyond the |
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face of the excavation in which the contamination is observed or |
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detected. |
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(c-1) Notwithstanding Subsection (c)(1), if the deadline |
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for making the contamination report falls on a Saturday, Sunday, |
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legal holiday, or day on which the appraisal roll of the appraisal |
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district established for the county in which the tract of land is |
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located is not available to the public, the deadline for making the |
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report is extended to the same time on the first day that is not such |
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a day. |
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(c-2) Notwithstanding Subsection (c), the contamination |
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report to an owner of the land or an occupant of the land may be made |
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by first class mail if the common carrier or pipeline owner or |
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operator does not know the telephone number, facsimile number, or |
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electronic mail address of the owner or occupant. The notice must |
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be postmarked not later than the date required by Subsection |
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(c)(1), as extended by Subsection (c-1), if applicable. |
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(d) Not later than the third business day after the date the |
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commission receives the contamination report, a person who has |
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entered into an agreement with the commission to collect samples on |
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behalf of [authorized by] the commission shall withdraw a soil |
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sample from the contaminated land. The person is entitled to enter |
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the land for the purpose of withdrawing the sample. |
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SECTION 3. Subsection (e), Section 81.056, Natural |
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Resources Code, as added by Chapter 339, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted to read as |
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follows: |
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(e) A common carrier or pipeline owner or operator that |
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makes a contamination report under this section is released from |
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all liability for the contamination or the cleanup of the |
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contamination covered by the report, except for any contamination |
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caused by the common carrier or pipeline owner or operator. |
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SECTION 4. Subsection (g), Section 81.056, Natural |
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Resources Code, is repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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contamination that a common carrier or an owner or operator of a |
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pipeline observes or detects on or after the effective date of this |
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Act. Contamination that a common carrier or an owner or operator of |
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a pipeline observes or detects before the effective date of this Act |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. Subsection (e), Section 81.056, Natural |
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Resources Code, as reenacted by this Act, is an exercise of |
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authority under Subsection (c), Section 66, Article III, Texas |
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Constitution, and takes effect only if this Act receives a vote of |
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three-fifths of all the members elected to each house, as provided |
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by Subsection (e) of that section. |
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SECTION 7. This Act takes effect September 1, 2007. |