By: Averitt S.B. No. 1671

(In the Senate - Filed March 8, 2007; March 21, 2007, read first time and referred to Committee on Natural Resources; April 3, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 0; April 3, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1671 By: Averitt

A BILL TO BE ENTITLED

AN ACT

relating to the financial responsibility requirements applicable to owners or operators of certain underground storage tanks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 26.352, Water Code, is amended by adding Subsection (e-1) and amending Subsection (f) to read as follows:

(e-1) An insurance company or other entity that provides insurance coverage or another form of financial assurance to an owner or operator of an underground storage tank for purposes of this section shall notify the commission if the owner or operator or the insurance company or other entity cancels or fails to renew the insurance coverage or other form of financial assurance.

(f) The commission shall enforce this section and may impose administrative and civil penalties on the owners or operators of underground storage tanks if acceptable evidence of financial responsibility is not maintained. An owner or operator commits an offense if the owner or operator operates an underground storage tank knowing that acceptable evidence of financial responsibility does not exist and is subject to criminal prosecution as provided by Subchapter F. The commission may seek injunctive relief in the district courts of Travis County to force the temporary or permanent closure of an underground storage tank for which acceptable evidence of financial responsibility is not maintained. The commission may order an owner or operator of an underground storage tank that fails to maintain acceptable evidence of financial responsibility or assurance to place the tank out of service in the same manner that the commission may issue such an order under Section 26.3475(e) to an owner or operator of an underground storage tank system that does not comply with that section.

SECTION 2. This Act takes effect September 1, 2007.

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