H.B. No. 472

	AN ACT
	relating to the effect and implementation of the law regarding
	reporting by a common carrier or pipeline owner or operator of
	contamination.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 81.056(e), Natural Resources Code, as
	added by Chapter 339 (S.B. 1130), Acts of the 79th Legislature,
	Regular Session, 2005, is reenacted to read as follows:
	(e)  A common carrier or pipeline owner or operator that
	makes a contamination report under this section is released from
	all liability for the contamination or the cleanup of the
	contamination covered by the report, except for any contamination
	caused by the common carrier or pipeline owner or operator.
	SECTION 2.  Section 81.056(g), Natural Resources Code, is
	amended to read as follows:
	(g)  The commission may [not] use money in the oil-field
	cleanup fund to implement this section. The amount of money in the
	fund the commission may use for that purpose may not exceed the
	amount of money in the fund that is derived from fees collected
	under Section 91.142 from common carriers or owners or operators of
	pipelines as determined annually by the commission.
	SECTION 3.  Section 91.112(a), Natural Resources Code, is
	amended to read as follows:
	(a)  Money in the fund may be used by the commission or its
	employees or agents for:
	(1)  conducting a site investigation or environmental
	assessment to determine:
	(A)  the nature and extent of contamination caused
	by oil and gas wastes or other substances or materials regulated by
	the commission under Section 91.101;  and
	(B)  the measures that should be taken to control
	or clean up the wastes, substances, or materials described in
	Paragraph (A);
	(2)  controlling or cleaning up oil and gas wastes or
	other substances or materials regulated by the commission under
	Section 91.101 that are causing or are likely to cause the pollution
	of surface or subsurface water, consistent with Section 91.113;
	(3)  plugging abandoned wells and administering or
	enforcing permits, orders, and rules relating to the commission's
	authority to prevent pollution under this chapter, Chapter 89, or
	any other law administered or enforced by the commission under
	Title 3;
	(4)  implementing Subchapter N and enforcing rules,
	orders, and permits adopted or issued under that subchapter;
	(5)  implementing the voluntary cleanup program under
	Subchapter O;
	(6)  preparing the report required under Subsection
	(b);
	(7)  making payments to eligible operators under
	Section 89.047; [and]
	(8)  making payments to eligible surface estate owners
	under Section 89.048; and
	(9)  implementing Section 81.056, subject to the
	limitation provided by Subsection (g) of that section.
	SECTION 4.  The changes in law made by this Act apply only to
	contamination that a common carrier or an owner or operator of a
	pipeline observes or detects on or after the effective date of this
	Act. Contamination that a common carrier or an owner or operator of
	a pipeline observes or detects before the effective date of this Act
	is governed by the law as it existed immediately before the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	SECTION 5.  Section 81.056(e), Natural Resources Code, as
	reenacted by this Act, is an exercise of authority under Section
	66(c), Article III, Texas Constitution, and takes effect only if
	this Act receives a vote of three-fifths of all the members elected
	to each house, as provided by Subsection (e) of that section.
	SECTION 6.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 472 was passed by the House on May 6,
	2009, by the following vote:  Yeas 143, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 472 was passed by the Senate on May
	15, 2009, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor