Texas 2009 - 81st Regular

Texas Senate Bill SB1907 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3634 SMH-D
2	2	By: Hinojosa S.B. No. 1907
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements regarding reporting by a common
8	8	carrier or pipeline owner or operator of contamination.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 81.056(a)(2), Natural Resources Code, is
11	11	amended to read as follows:
12	12	(2) "Owner of the land" [or "landowner"] means a [the
13	13	first] person who owns [is shown on the appraisal roll of the
14	14	appraisal district established for the county in which a tract of
15	15	land is located as owning] an interest in the surface estate of a
16	16	tract of [the] land at the time a contamination report is required
17	17	to be made under this section.
18	18	SECTION 2. Section 81.056, Natural Resources Code, is
19	19	amended by adding Subsections (a-1), (a-2), (c-1), and (c-2) and
20	20	amending Subsections (b) and (d) to read as follows:
21	21	(a-1) This section does not apply to contamination that is
22	22	in proximity to:
23	23	(1) a gathering line; or
24	24	(2) a pipeline that is located entirely within a tract
25	25	that is subject to an oil or gas lease.
26	26	(a-2) A common carrier or an owner or operator of a pipeline
27	27	is required to report contamination under Subsection (b) unless the
28	28	common carrier or pipeline owner or operator is required to report
29	29	the contamination under another statute or under a commission rule
30	30	adopted under another statute. If the common carrier or pipeline
31	31	owner or operator is required to report the contamination under
32	32	another statute or under a commission rule adopted under another
33	33	statute, the common carrier or pipeline owner or operator is not
34	34	required to report the contamination under Subsection (b).
35	35	(b) If in the process of placing, repairing, replacing, or
36	36	maintaining a pipeline a common carrier or an owner or operator of a
37	37	pipeline observes or detects any subsurface petroleum-based
38	38	contamination of soil or water in proximity to the pipeline, the
39	39	common carrier or pipeline owner or operator shall report the
40	40	contamination to the commission and to an [the] owner of the land on
41	41	which the pipeline is located or an occupant of the land. If the
42	42	common carrier or pipeline owner or operator does not know the
43	43	identity of an owner of the land, the common carrier or pipeline
44	44	owner or operator may satisfy the requirement to report the
45	45	contamination to an owner of the land or an occupant of the land by
46	46	reporting the contamination to the first person who is shown on the
47	47	appraisal roll of the appraisal district established for the county
48	48	in which the land is located as owning an interest in the surface
49	49	estate of the land at the time the report is required to be made.
50	50	Petroleum-based contamination of soil or water that is observed or
51	51	detected is required to be reported under this subsection if:
52	52	(1) hydrocarbons are present on the surface of the
53	53	water;
54	54	(2) at least five linear yards of soil have been
55	55	affected by hydrocarbons; or
56	56	(3) soil affected by hydrocarbons extends beyond the
57	57	face of the excavation in which the contamination is observed or
58	58	detected.
59	59	(c-1) Notwithstanding Subsection (c)(1), if the deadline
60	60	for making the contamination report falls on a Saturday, Sunday,
61	61	legal holiday, or day on which the appraisal roll of the appraisal
62	62	district established for the county in which the tract of land is
63	63	located is not available to the public, the deadline for making the
64	64	report is extended to the same time on the first day that is not such
65	65	a day.
66	66	(c-2) Notwithstanding Subsection (c), the contamination
67	67	report to an owner of the land or an occupant of the land may be made
68	68	by first class mail if the common carrier or pipeline owner or
69	69	operator does not know the telephone number, facsimile number, or
70	70	electronic mail address of the owner or occupant. The notice must
71	71	be postmarked not later than the date required by Subsection
72	72	(c)(1), as extended by Subsection (c-1), if applicable.
73	73	(d) Not later than the third business day after the date the
74	74	commission receives the contamination report, a person who has
75	75	entered into an agreement with the commission to collect samples on
76	76	behalf of [authorized by] the commission shall withdraw a soil
77	77	sample from the contaminated land. The person is entitled to enter
78	78	the land for the purpose of withdrawing the sample.
79	79	SECTION 3. Section 81.056(e), Natural Resources Code, as
80	80	added by Chapter 339, Acts of the 79th Legislature, Regular
81	81	Session, 2005, is reenacted to read as follows:
82	82	(e) A common carrier or pipeline owner or operator that
83	83	makes a contamination report under this section is released from
84	84	all liability for the contamination or the cleanup of the
85	85	contamination covered by the report, except for any contamination
86	86	caused by the common carrier or pipeline owner or operator.
87	87	SECTION 4. Section 81.056(g), Natural Resources Code, is
88	88	repealed.
89	89	SECTION 5. The changes in law made by this Act apply only to
90	90	contamination that a common carrier or an owner or operator of a
91	91	pipeline observes or detects on or after the effective date of this
92	92	Act. Contamination that a common carrier or an owner or operator of
93	93	a pipeline observes or detects before the effective date of this Act
94	94	is governed by the law as it existed immediately before the
95	95	effective date of this Act, and that law is continued in effect for
96	96	that purpose.
97	97	SECTION 6. Section 81.056(e), Natural Resources Code, as
98	98	reenacted by this Act, is an exercise of authority under Section
99	99	66(c), Article III, Texas Constitution, and takes effect only if
100	100	this Act receives a vote of three-fifths of all the members elected
101	101	to each house, as provided by Subsection (e) of that section.
102	102	SECTION 7. This Act takes effect September 1, 2009.