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