|
|
|
|
By: Hancock (Senate Sponsor - Deuell) |
H.B. No. 3827 |
|
(In the Senate - Received from the House May 5, 2009; |
|
May 6, 2009, read first time and referred to Committee on Natural |
|
Resources; May 23, 2009, reported favorably by the following vote: |
|
Yeas 9, Nays 0; May 23, 2009, sent to printer.) |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the delivery of regulated substances into underground |
|
storage tanks; providing a penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 7.156(c), Water Code, is amended to read |
|
as follows: |
|
(c) A person commits an offense if the person: |
|
(1) is an owner or operator of an underground storage |
|
tank regulated under Chapter 26 into which any regulated substance |
|
is delivered unless the underground storage tank has been issued a |
|
valid, current underground storage tank registration and |
|
certificate of compliance under Section 26.346; or |
|
(2) physically delivers any regulated substance into |
|
an underground storage tank regulated under Chapter 26 unless the |
|
underground storage tank has been issued a valid, current |
|
underground storage tank registration and certificate of |
|
compliance under Section 26.346. |
|
SECTION 2. Subchapter F, Chapter 7, Water Code, is amended |
|
by adding Section 7.256 to read as follows: |
|
Sec. 7.256. DEFENSE TO DELIVERY OF REGULATED SUBSTANCE INTO |
|
UNDERGROUND STORAGE TANK. It is an affirmative defense to |
|
prosecution under Section 7.156(c)(2) that the person delivering a |
|
regulated substance into an underground storage tank relied on: |
|
(1) a valid paper delivery certificate presented by |
|
the owner or operator of the underground storage tank or displayed |
|
at the facility associated with the underground storage tank; |
|
(2) a temporary delivery authorization presented by |
|
the owner or operator of the underground storage tank or displayed |
|
at the facility associated with the underground storage tank; or |
|
(3) registration and self-certification information |
|
for the underground storage tank obtained from the commission's |
|
Internet website not more than 30 days before the date of delivery. |
|
SECTION 3. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |