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A BILL TO BE ENTITLED
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AN ACT
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relating to the financial responsibility requirements applicable |
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to owners or operators of certain underground storage tanks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.352, Water Code, is amended by adding |
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Subsection (e-1) and amending Subsection (f) to read as follows: |
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(e-1) An insurance company or other entity that provides |
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insurance coverage or another form of financial assurance to an |
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owner or operator of an underground storage tank for purposes of |
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this section shall notify the commission if the owner or operator or |
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the insurance company or other entity cancels or fails to renew the |
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insurance coverage or other form of financial assurance. |
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(f) The commission shall enforce this section and may impose |
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administrative and civil penalties on the owners or operators of |
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underground storage tanks if acceptable evidence of financial |
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responsibility is not maintained. An owner or operator commits an |
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offense if the owner or operator operates an underground storage |
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tank knowing that acceptable evidence of financial responsibility |
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does not exist and is subject to criminal prosecution as provided by |
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Subchapter F. The commission may seek injunctive relief in the |
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district courts of Travis County to force the temporary or |
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permanent closure of an underground storage tank for which |
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acceptable evidence of financial responsibility is not maintained. |
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The commission may order an owner or operator of an underground |
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storage tank that fails to maintain acceptable evidence of |
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financial responsibility to place the tank out of service in the |
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same manner that the commission may issue such an order under |
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Section 26.3475(e) to an owner or operator of an underground |
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storage tank system that does not comply with that section. |
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SECTION 2. This Act takes effect September 1, 2007. |