Texas 2009 - 81st Regular

Texas House Bill HB472 Compare Versions

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Old	New	Differences
1	1	H.B. No. 472
2	2
3	3
4	4	AN ACT
5	5	relating to the effect and implementation of the law regarding
6	6	reporting by a common carrier or pipeline owner or operator of
7	7	contamination.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 81.056(e), Natural Resources Code, as
10	10	added by Chapter 339 (S.B. 1130), Acts of the 79th Legislature,
11	11	Regular Session, 2005, is reenacted to read as follows:
12	12	(e) A common carrier or pipeline owner or operator that
13	13	makes a contamination report under this section is released from
14	14	all liability for the contamination or the cleanup of the
15	15	contamination covered by the report, except for any contamination
16	16	caused by the common carrier or pipeline owner or operator.
17	17	SECTION 2. Section 81.056(g), Natural Resources Code, is
18	18	amended to read as follows:
19	19	(g) The commission may [not] use money in the oil-field
20	20	cleanup fund to implement this section. The amount of money in the
21	21	fund the commission may use for that purpose may not exceed the
22	22	amount of money in the fund that is derived from fees collected
23	23	under Section 91.142 from common carriers or owners or operators of
24	24	pipelines as determined annually by the commission.
25	25	SECTION 3. Section 91.112(a), Natural Resources Code, is
26	26	amended to read as follows:
27	27	(a) Money in the fund may be used by the commission or its
28	28	employees or agents for:
29	29	(1) conducting a site investigation or environmental
30	30	assessment to determine:
31	31	(A) the nature and extent of contamination caused
32	32	by oil and gas wastes or other substances or materials regulated by
33	33	the commission under Section 91.101; and
34	34	(B) the measures that should be taken to control
35	35	or clean up the wastes, substances, or materials described in
36	36	Paragraph (A);
37	37	(2) controlling or cleaning up oil and gas wastes or
38	38	other substances or materials regulated by the commission under
39	39	Section 91.101 that are causing or are likely to cause the pollution
40	40	of surface or subsurface water, consistent with Section 91.113;
41	41	(3) plugging abandoned wells and administering or
42	42	enforcing permits, orders, and rules relating to the commission's
43	43	authority to prevent pollution under this chapter, Chapter 89, or
44	44	any other law administered or enforced by the commission under
45	45	Title 3;
46	46	(4) implementing Subchapter N and enforcing rules,
47	47	orders, and permits adopted or issued under that subchapter;
48	48	(5) implementing the voluntary cleanup program under
49	49	Subchapter O;
50	50	(6) preparing the report required under Subsection
51	51	(b);
52	52	(7) making payments to eligible operators under
53	53	Section 89.047; [and]
54	54	(8) making payments to eligible surface estate owners
55	55	under Section 89.048; and
56	56	(9) implementing Section 81.056, subject to the
57	57	limitation provided by Subsection (g) of that section.
58	58	SECTION 4. The changes in law made by this Act apply only to
59	59	contamination that a common carrier or an owner or operator of a
60	60	pipeline observes or detects on or after the effective date of this
61	61	Act. Contamination that a common carrier or an owner or operator of
62	62	a pipeline observes or detects before the effective date of this Act
63	63	is governed by the law as it existed immediately before the
64	64	effective date of this Act, and that law is continued in effect for
65	65	that purpose.
66	66	SECTION 5. Section 81.056(e), Natural Resources Code, as
67	67	reenacted by this Act, is an exercise of authority under Section
68	68	66(c), Article III, Texas Constitution, and takes effect only if
69	69	this Act receives a vote of three-fifths of all the members elected
70	70	to each house, as provided by Subsection (e) of that section.
71	71	SECTION 6. This Act takes effect September 1, 2009.
72	72	______________________________ ______________________________
73	73	President of the Senate Speaker of the House
74	74	I certify that H.B. No. 472 was passed by the House on May 6,
75	75	2009, by the following vote: Yeas 143, Nays 0, 1 present, not
76	76	voting.
77	77	______________________________
78	78	Chief Clerk of the House
79	79	I certify that H.B. No. 472 was passed by the Senate on May
80	80	15, 2009, by the following vote: Yeas 30, Nays 0.
81	81	______________________________
82	82	Secretary of the Senate
83	83	APPROVED: _____________________
84	84	Date
85	85	_____________________
86	86	Governor