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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights, remedies, and liability of certain owners |
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and operators of environmentally contaminated property; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.003(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Sections 16.010, 16.0031, |
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16.0032, and 16.0045, a person must bring suit for trespass for |
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injury to the estate or to the property of another, conversion of |
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personal property, taking or detaining the personal property of |
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another, personal injury, forcible entry and detainer, and forcible |
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detainer not later than two years after the day the cause of action |
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accrues. |
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SECTION 2. Subchapter A, Chapter 16, Civil Practice and |
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Remedies Code, is amended by adding Section 16.0032 to read as |
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follows: |
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Sec. 16.0032. ENVIRONMENTAL CONTAMINATION OF PROPERTY. (a) |
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In an action for trespass for injury to the estate or to the |
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property of another resulting from environmental contamination, |
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the cause of action accrues for purposes of Section 16.003 on the |
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date that a final assessment report fully delineating and |
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documenting the extent of the contamination in compliance with the |
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requirements of the Texas Commission on Environmental Quality is |
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sent by certified mail to the owner of the affected property. |
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(b) A person must bring suit for damages arising from an |
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injury to property caused by environmental contamination |
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originating from a source not located on or at the property not |
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later than 10 years after the date notice of the contamination is |
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reported in writing to both the Texas Commission on Environmental |
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Quality and the owner of the affected property. |
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(c) Subsection (b) is a statute of repose and is independent |
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of any other limitations period. |
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SECTION 3. Section 361.752, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) On the request of the owner or operator, a court shall |
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determine the amount of reasonable compensation under Subsection |
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(c)(2) if the owner or operator and the responsible party are unable |
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to agree on the compensation to be paid. |
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SECTION 4. Section 361.753, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) For purposes of Subsection (a), contamination |
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originating from a pipeline transporting oil, gas, or other |
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materials across the property does not make an applicant ineligible |
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for a certificate unless the applicant is also the owner or operator |
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of the pipeline. |
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SECTION 5. Section 361.754, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.754. RIGHTS OF INNOCENT OWNER OR OPERATOR |
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REGARDING CONTAMINATION FROM SOURCE NOT LOCATED ON OR AT PROPERTY. |
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(a) An innocent owner or operator may apply to the commission for |
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an order directing the responsible party to promptly remediate the |
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contamination of the property. The application must be delivered |
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to the commission by certified mail. |
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(b) The commission may charge an application fee in an |
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amount not to exceed the cost of reviewing the application. The |
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commission shall deposit a fee collected under this subsection to |
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the credit of the hazardous and solid waste remediation fee |
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account. |
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(c) Not later than the 45th day after the date the |
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commission receives the application, the commission shall notify |
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the applicant whether the application is complete. |
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(d) Not later than the 90th day after the date the |
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commission receives the application, the commission shall: |
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(1) grant or deny the application; or |
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(2) notify the applicant of any additional information |
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needed to review the application. |
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(e) Not later than the 45th day after the date the |
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commission receives the additional information requested under |
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Subsection (d)(2), the commission shall grant or deny the |
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application. |
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(f) On granting an application under this section, the |
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commission shall identify the party responsible for the |
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contamination and require the party responsible for the |
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contamination to: |
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(1) develop a remediation plan and obtain the approval |
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of the plan by the commission in writing not later than the third |
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anniversary of the later of: |
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(A) the date the responsible party is first |
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identified by the commission; or |
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(B) the date the application is granted by the |
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commission; |
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(2) promptly begin remediating the contamination of |
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the property following the approval of the remediation plan |
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described by Subdivision (1); and |
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(3) not later than the 15th anniversary of the date the |
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responsible party is first identified by the commission, complete |
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remediation of the contamination of the property at a level that |
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achieves the most protective health standard established under the |
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commission's risk-based remediation rules. |
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(g) The remediation standards and deadlines described by |
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Subsection (f) may be revised by written agreement between the |
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innocent owner or operator, the responsible party, and the |
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commission. |
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(h) If a remediation deadline described by Subsection (f) is |
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not achieved, each responsible party identified by the commission |
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shall file in the deed records of the county in which the affected |
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property is located a notice of the long-term remediation |
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activities at the site. |
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(i) The commission shall require each responsible party to |
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immediately file a notice in the deed records of the county in which |
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the affected property is located under Subsection (h) if: |
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(1) an innocent owner or operator of property that has |
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been contaminated for more than 15 years, as of September 1, 2015, |
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applies to the commission for remediation under Subsection (a); and |
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(2) remediation of the contamination of the property |
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to achieve the most protective health standard established under |
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the commission's risk-based remediation rules is not anticipated to |
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be completed by the fifth anniversary of the date the application is |
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submitted. |
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(j) This subchapter does not limit the right of an innocent |
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owner or operator to pursue any other remedy available at law or in |
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equity for conditions attributable to the release or migration of |
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contaminants from a source or sources that are not located on or at |
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the property. |
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SECTION 6. (a) Section 16.003, Civil Practice and Remedies |
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Code, as amended by this Act, and Section 16.0032, Civil Practice |
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and Remedies Code, as added by this Act, apply only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law in effect immediately before that date, and |
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that law is continued in effect for that purpose. |
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(b) Section 361.752, Health and Safety Code, as amended by |
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this Act, applies only to an agreement for reasonable access |
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entered into on or after the effective date of this Act. An |
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agreement for reasonable access entered into before the effective |
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date of this Act is governed by the law in effect when the agreement |
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was entered into, and the former law is continued in effect for that |
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purpose. |
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(c) Section 361.753, Health and Safety Code, as amended by |
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this Act, applies only to an application to obtain a certificate |
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confirming that the person is an innocent owner or operator |
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submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect when the application was submitted, |
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and the former law is continued in effect for that purpose. |
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(d) Section 361.754, Health and Safety Code, as amended by |
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this Act, applies to an innocent owner or operator of property that |
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has been contaminated from a source not located on or at the |
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property regardless of whether the contamination occurred on, |
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before, or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2015. |