Bill Text: TX HB1642 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
84R2493 JRR-F | ||
By: Pickett | H.B. No. 1642 |
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relating to the rights, remedies, and liability of certain owners | ||
and operators of environmentally contaminated property; | ||
authorizing a fee. | ||
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. (a) | ||
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 | ||
date that a final assessment report fully delineating and | ||
documenting the extent of the contamination in compliance with the | ||
requirements of the Texas Commission on Environmental Quality is | ||
sent by certified mail to the owner of the affected property. | ||
(b) 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 10 years after the date notice of the contamination is | ||
reported in writing to both the Texas Commission on Environmental | ||
Quality and the owner of the affected property. | ||
(c) Subsection (b) 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 Subsection (e) to read as follows: | ||
(e) On the request of the owner or operator, a court shall | ||
determine the amount of reasonable compensation under Subsection | ||
(c)(2) if the owner or operator and the responsible party are unable | ||
to agree on the compensation to be paid. | ||
SECTION 4. Section 361.753, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) For purposes of Subsection (a), contamination | ||
originating from a pipeline transporting oil, gas, or other | ||
materials across the property does not make an applicant ineligible | ||
for a certificate unless the applicant is also the owner or operator | ||
of the pipeline. | ||
SECTION 5. Section 361.754, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 361.754. RIGHTS OF INNOCENT OWNER OR OPERATOR | ||
REGARDING CONTAMINATION FROM SOURCE NOT LOCATED ON OR AT PROPERTY. | ||
(a) An innocent owner or operator may apply to the commission for | ||
an order directing the responsible party to promptly remediate the | ||
contamination of the property. The application must be delivered | ||
to the commission by certified mail. | ||
(b) The commission may charge an application fee in an | ||
amount not to exceed the cost of reviewing the application. The | ||
commission shall deposit a fee collected under this subsection to | ||
the credit of the hazardous and solid waste remediation fee | ||
account. | ||
(c) Not later than the 45th day after the date the | ||
commission receives the application, the commission shall notify | ||
the applicant whether the application is complete. | ||
(d) Not later than the 90th day after the date the | ||
commission receives the application, the commission shall: | ||
(1) grant or deny the application; or | ||
(2) notify the applicant of any additional information | ||
needed to review the application. | ||
(e) Not later than the 45th day after the date the | ||
commission receives the additional information requested under | ||
Subsection (d)(2), the commission shall grant or deny the | ||
application. | ||
(f) On granting an application under this section, the | ||
commission shall identify the party responsible for the | ||
contamination and require the party responsible for the | ||
contamination to: | ||
(1) develop a remediation plan and obtain the approval | ||
of the plan by the commission in writing not later than the third | ||
anniversary of the later of: | ||
(A) the date the responsible party is first | ||
identified by the commission; or | ||
(B) the date the application is granted by the | ||
commission; | ||
(2) promptly begin remediating the contamination of | ||
the property following the approval of the remediation plan | ||
described by Subdivision (1); and | ||
(3) not later than the 15th anniversary of the date the | ||
responsible party is first identified by the commission, complete | ||
remediation of the contamination of the property at a level that | ||
achieves the most protective health standard established under the | ||
commission's risk-based remediation rules. | ||
(g) The remediation standards and deadlines described by | ||
Subsection (f) may be revised by written agreement between the | ||
innocent owner or operator, the responsible party, and the | ||
commission. | ||
(h) If a remediation deadline described by Subsection (f) is | ||
not achieved, each responsible party identified by the commission | ||
shall file in the deed records of the county in which the affected | ||
property is located a notice of the long-term remediation | ||
activities at the site. | ||
(i) The commission shall require each responsible party to | ||
immediately file a notice in the deed records of the county in which | ||
the affected property is located under Subsection (h) if: | ||
(1) an innocent owner or operator of property that has | ||
been contaminated for more than 15 years, as of September 1, 2015, | ||
applies to the commission for remediation under Subsection (a); and | ||
(2) remediation of the contamination of the property | ||
to achieve the most protective health standard established under | ||
the commission's risk-based remediation rules is not anticipated to | ||
be completed by the fifth anniversary of the date the application is | ||
submitted. | ||
(j) This subchapter does not limit the right of an innocent | ||
owner or operator to pursue any other remedy available at law or in | ||
equity for conditions attributable to the release or migration of | ||
contaminants from a source or sources that are not located on or at | ||
the property. | ||
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 361.754, Health and Safety Code, as amended by | ||
this Act, applies to an innocent owner or operator of property that | ||
has been contaminated from a source not located on or at the | ||
property 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. |