Bill Text: TX HB1642 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the rights, remedies, and liability of certain owners and operators of environmentally contaminated property in certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB1642 Detail]
Download: Texas-2015-HB1642-Comm_Sub.html
84R23715 JRR-F | |||
By: Pickett | H.B. No. 1642 | ||
Substitute the following for H.B. No. 1642: | |||
By: Rodriguez of Travis | C.S.H.B. No. 1642 |
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relating to the rights, remedies, and liability of certain owners | ||
and operators of environmentally contaminated property in certain | ||
counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 16.003(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) Except as provided by Sections 16.010, 16.0031, | ||
16.0032, and 16.0045, a person must bring suit for trespass for | ||
injury to the estate or to the property of another, conversion of | ||
personal property, taking or detaining the personal property of | ||
another, personal injury, forcible entry and detainer, and forcible | ||
detainer not later than two years after the day the cause of action | ||
accrues. | ||
SECTION 2. Subchapter A, Chapter 16, Civil Practice and | ||
Remedies Code, is amended by adding Section 16.0032 to read as | ||
follows: | ||
Sec. 16.0032. ENVIRONMENTAL CONTAMINATION OF PROPERTY IN | ||
CERTAIN COUNTIES. (a) This section applies only to property that | ||
is: | ||
(1) less than 10 acres in size; and | ||
(2) located in a county on the international border | ||
with a population of 800,000 or more. | ||
(b) In an action for trespass for injury to the estate or to | ||
the property of another resulting from environmental | ||
contamination, the cause of action accrues for purposes of Section | ||
16.003 on the 365th day after the date that a final remedial action | ||
report is approved by the Texas Commission on Environmental Quality | ||
or United States Environmental Protection Agency fully delineating | ||
and documenting the planned course of remediation as required under | ||
the applicable rule governing cleanup for the release. | ||
(c) A person must bring suit for damages arising from an | ||
injury to property caused by environmental contamination | ||
originating from a source not located on or at the property not | ||
later than 25 years after the date the party responsible for the | ||
contamination is identified. | ||
(d) Subsection (c) is a statute of repose and is independent | ||
of any other limitations period. | ||
SECTION 3. Section 361.752, Health and Safety Code, is | ||
amended by adding Subsections (e) and (f) to read as follows: | ||
(e) On the request of an innocent owner or operator of | ||
property described by Subsection (f), a court shall determine the | ||
amount of reasonable compensation under Subsection (c)(2) if the | ||
innocent owner or operator and the designated person are unable to | ||
agree on the compensation to be paid. | ||
(f) Subsection (e) applies only to property that is: | ||
(1) less than 10 acres in size; and | ||
(2) located in a county on the international border | ||
with a population of 800,000 or more. | ||
SECTION 4. Section 361.753, Health and Safety Code, is | ||
amended by adding Subsections (h) and (i) to read as follows: | ||
(h) This subsection applies only to property described by | ||
Subsection (i). For purposes of Subsection (a), contamination | ||
originating from a pipeline transporting oil, gas, refined | ||
products, or other materials across the property does not make an | ||
applicant ineligible for a certificate unless: | ||
(1) the applicant is also the owner or operator of the | ||
pipeline; or | ||
(2) the commission determines that both the owner and | ||
operator of the pipeline are financially nonviable. | ||
(i) Subsection (h) applies only to property that is: | ||
(1) less than 10 acres in size; and | ||
(2) located in a county on the international border | ||
with a population of 800,000 or more. | ||
SECTION 5. Subchapter V, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.755 to read as follows: | ||
Sec. 361.755. RIGHTS OF PROPERTY OWNER REGARDING | ||
CONTAMINATION FROM OFF-SITE SOURCE IN CERTAIN COUNTIES. (a) This | ||
section applies only to property that is: | ||
(1) less than 10 acres in size; and | ||
(2) located in a county on the international border | ||
with a population of 800,000 or more. | ||
(b) If property described by Subsection (a) has been | ||
contaminated from an off-site source for more than 15 years and | ||
cleanup has not been achieved under the governing cleanup | ||
requirements for the release, the party or parties responsible for | ||
the cleanup shall compensate the property owner for the reduced | ||
property value, cleanup costs, and any other damages resulting from | ||
the contamination. | ||
SECTION 6. (a) Section 16.003, Civil Practice and Remedies | ||
Code, as amended by this Act, and Section 16.0032, Civil Practice | ||
and Remedies Code, as added by this Act, apply only to a cause of | ||
action that accrues on or after the effective date of this Act. A | ||
cause of action that accrues before the effective date of this Act | ||
is governed by the law in effect immediately before that date, and | ||
that law is continued in effect for that purpose. | ||
(b) Section 361.752, Health and Safety Code, as amended by | ||
this Act, applies only to an agreement for reasonable access | ||
entered into on or after the effective date of this Act. An | ||
agreement for reasonable access entered into before the effective | ||
date of this Act is governed by the law in effect when the agreement | ||
was entered into, and the former law is continued in effect for that | ||
purpose. | ||
(c) Section 361.753, Health and Safety Code, as amended by | ||
this Act, applies only to an application to obtain a certificate | ||
confirming that the person is an innocent owner or operator | ||
submitted on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect when the application was submitted, | ||
and the former law is continued in effect for that purpose. | ||
(d) Section 361.755, Health and Safety Code, as added by | ||
this Act, applies to property that has been contaminated from an | ||
off-site source regardless of whether the contamination occurred | ||
on, before, or after the effective date of this Act. | ||
SECTION 7. This Act takes effect September 1, 2015. |