By: Hancock (Senate Sponsor - Deuell) H.B. No. 3827
(In the Senate - Received from the House May 5, 2009;
May 6, 2009, read first time and referred to Committee on Natural
Resources; May 23, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; May 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of regulated substances into underground
storage tanks; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.156(c), Water Code, is amended to read
as follows:
(c) A person commits an offense if the person:
(1) is an owner or operator of an underground storage
tank regulated under Chapter 26 into which any regulated substance
is delivered unless the underground storage tank has been issued a
valid, current underground storage tank registration and
certificate of compliance under Section 26.346; or
(2) physically delivers any regulated substance into
an underground storage tank regulated under Chapter 26 unless the
underground storage tank has been issued a valid, current
underground storage tank registration and certificate of
compliance under Section 26.346.
SECTION 2. Subchapter F, Chapter 7, Water Code, is amended
by adding Section 7.256 to read as follows:
Sec. 7.256. DEFENSE TO DELIVERY OF REGULATED SUBSTANCE INTO
UNDERGROUND STORAGE TANK. It is an affirmative defense to
prosecution under Section 7.156(c)(2) that the person delivering a
regulated substance into an underground storage tank relied on:
(1) a valid paper delivery certificate presented by
the owner or operator of the underground storage tank or displayed
at the facility associated with the underground storage tank;
(2) a temporary delivery authorization presented by
the owner or operator of the underground storage tank or displayed
at the facility associated with the underground storage tank; or
(3) registration and self-certification information
for the underground storage tank obtained from the commission's
Internet website not more than 30 days before the date of delivery.
SECTION 3. This Act takes effect September 1, 2009.
* * * * *