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                                                                  H.B. No. 1705




AN ACT

relating to the release of hazardous waste in connection with 
dredging and placement or storage of dredged materials by a port 
authority or navigation district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.271, Health and Safety Code, is 
amended by adding Subsections (g), (h), and (i) to read as follows:
	(g)  A port authority or navigation district  created under 
Section 59, Article XVI, or Section 52, Article III, Texas 
Constitution, is not a person responsible under this chapter for 
the release or threatened release of hazardous waste from a 
facility or at a site solely for its activities related to 
construction or maintenance of waterways to facilitate navigation 
if, in performing those activities:
		(1)  the port authority or navigation district is 
acting by virtue of the authority's or district's function as 
sovereign;
		(2)  the port authority or navigation district requires 
that dredged materials be sampled and analyzed before placement or 
storage of those materials on land or submerged land; and
		(3)  the port authority or navigation district, after 
exercising due diligence, does not accept dredged materials that 
are hazardous waste.
	(h)  Subsection (g) may not be construed to relieve a port 
authority or navigation district of liability if the port authority 
or navigation district causes or contributes to the generation of 
hazardous waste.
	(i)  As used in Subsection (g), activities related to 
construction or maintenance of waterways to facilitate navigation 
include:
		(1)  the dredging of materials from navigable waters or 
the banks of navigable waters;
		(2)  the placement or storage of dredged materials on 
land or submerged land; and
		(3)  the construction, operation, or maintenance of a 
placement area for dredged material.
	SECTION 2.  The change in law made by this Act does not apply 
to an act or governmental proceeding of a port authority or 
navigation district created under Section 59, Article XVI, or 
Section 52, Article III, Texas Constitution, that is the subject of 
litigation pending on the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1705 was passed by the House on March 
31, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1705 on May 23, 2005, by the following 
vote:  Yeas 136, Nays 0, 1 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1705 was passed by the Senate, with 
amendments, on May 19, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor