80R3874 SMH-D
 
  By: Hinojosa S.B. No. 1592
 
 
 
   
 
 
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.