81R3634 SMH-D
By: Hinojosa S.B. No. 1907
A BILL TO BE ENTITLED
AN ACT
relating to the requirements 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(a)(2), Natural Resources Code, is
amended to read as follows:
(2) "Owner of the land" [or "landowner"] means a [the
first] person who owns [is shown on the appraisal roll of the
appraisal district established for the county in which a tract of
land is located as owning] an interest in the surface estate of a
tract of [the] land at the time a contamination report is required
to be made under this section.
SECTION 2. Section 81.056, Natural Resources Code, is
amended by adding Subsections (a-1), (a-2), (c-1), and (c-2) and
amending Subsections (b) and (d) to read as follows:
(a-1) This section does not apply to contamination that is
in proximity to:
(1) a gathering line; or
(2) a pipeline that is located entirely within a tract
that is subject to an oil or gas lease.
(a-2) A common carrier or an owner or operator of a pipeline
is required to report contamination under Subsection (b) unless the
common carrier or pipeline owner or operator is required to report
the contamination under another statute or under a commission rule
adopted under another statute. If the common carrier or pipeline
owner or operator is required to report the contamination under
another statute or under a commission rule adopted under another
statute, the common carrier or pipeline owner or operator is not
required to report the contamination under Subsection (b).
(b) If in the process of placing, repairing, replacing, or
maintaining a pipeline a common carrier or an owner or operator of a
pipeline observes or detects any subsurface petroleum-based
contamination of soil or water in proximity to the pipeline, the
common carrier or pipeline owner or operator shall report the
contamination to the commission and to an [the] owner of the land on
which the pipeline is located or an occupant of the land. If the
common carrier or pipeline owner or operator does not know the
identity of an owner of the land, the common carrier or pipeline
owner or operator may satisfy the requirement to report the
contamination to an owner of the land or an occupant of the land by
reporting the contamination to the first person who is shown on the
appraisal roll of the appraisal district established for the county
in which the land is located as owning an interest in the surface
estate of the land at the time the report is required to be made.
Petroleum-based contamination of soil or water that is observed or
detected is required to be reported under this subsection if:
(1) hydrocarbons are present on the surface of the
water;
(2) at least five linear yards of soil have been
affected by hydrocarbons; or
(3) soil affected by hydrocarbons extends beyond the
face of the excavation in which the contamination is observed or
detected.
(c-1) Notwithstanding Subsection (c)(1), if the deadline
for making the contamination report falls on a Saturday, Sunday,
legal holiday, or day on which the appraisal roll of the appraisal
district established for the county in which the tract of land is
located is not available to the public, the deadline for making the
report is extended to the same time on the first day that is not such
a day.
(c-2) Notwithstanding Subsection (c), the contamination
report to an owner of the land or an occupant of the land may be made
by first class mail if the common carrier or pipeline owner or
operator does not know the telephone number, facsimile number, or
electronic mail address of the owner or occupant. The notice must
be postmarked not later than the date required by Subsection
(c)(1), as extended by Subsection (c-1), if applicable.
(d) Not later than the third business day after the date the
commission receives the contamination report, a person who has
entered into an agreement with the commission to collect samples on
behalf of [authorized by] the commission shall withdraw a soil
sample from the contaminated land. The person is entitled to enter
the land for the purpose of withdrawing the sample.
SECTION 3. Section 81.056(e), Natural Resources Code, as
added by Chapter 339, 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 4. Section 81.056(g), Natural Resources Code, is
repealed.
SECTION 5. 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 6. 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 7. This Act takes effect September 1, 2009.