Texas 2015 - 84th Regular

Texas House Bill HB1642 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23715 JRR-F
2	2	By: Pickett H.B. No. 1642
3	3	Substitute the following for H.B. No. 1642:
4	4	By: Rodriguez of Travis C.S.H.B. No. 1642
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights, remedies, and liability of certain owners
10	10	and operators of environmentally contaminated property in certain
11	11	counties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 16.003(a), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(a) Except as provided by Sections 16.010, 16.0031,
16	16	16.0032, and 16.0045, a person must bring suit for trespass for
17	17	injury to the estate or to the property of another, conversion of
18	18	personal property, taking or detaining the personal property of
19	19	another, personal injury, forcible entry and detainer, and forcible
20	20	detainer not later than two years after the day the cause of action
21	21	accrues.
22	22	SECTION 2. Subchapter A, Chapter 16, Civil Practice and
23	23	Remedies Code, is amended by adding Section 16.0032 to read as
24	24	follows:
25	25	Sec. 16.0032. ENVIRONMENTAL CONTAMINATION OF PROPERTY IN
26	26	CERTAIN COUNTIES. (a) This section applies only to property that
27	27	is:
28	28	(1) less than 10 acres in size; and
29	29	(2) located in a county on the international border
30	30	with a population of 800,000 or more.
31	31	(b) In an action for trespass for injury to the estate or to
32	32	the property of another resulting from environmental
33	33	contamination, the cause of action accrues for purposes of Section
34	34	16.003 on the 365th day after the date that a final remedial action
35	35	report is approved by the Texas Commission on Environmental Quality
36	36	or United States Environmental Protection Agency fully delineating
37	37	and documenting the planned course of remediation as required under
38	38	the applicable rule governing cleanup for the release.
39	39	(c) A person must bring suit for damages arising from an
40	40	injury to property caused by environmental contamination
41	41	originating from a source not located on or at the property not
42	42	later than 25 years after the date the party responsible for the
43	43	contamination is identified.
44	44	(d) Subsection (c) is a statute of repose and is independent
45	45	of any other limitations period.
46	46	SECTION 3. Section 361.752, Health and Safety Code, is
47	47	amended by adding Subsections (e) and (f) to read as follows:
48	48	(e) On the request of an innocent owner or operator of
49	49	property described by Subsection (f), a court shall determine the
50	50	amount of reasonable compensation under Subsection (c)(2) if the
51	51	innocent owner or operator and the designated person are unable to
52	52	agree on the compensation to be paid.
53	53	(f) Subsection (e) applies only to property that is:
54	54	(1) less than 10 acres in size; and
55	55	(2) located in a county on the international border
56	56	with a population of 800,000 or more.
57	57	SECTION 4. Section 361.753, Health and Safety Code, is
58	58	amended by adding Subsections (h) and (i) to read as follows:
59	59	(h) This subsection applies only to property described by
60	60	Subsection (i). For purposes of Subsection (a), contamination
61	61	originating from a pipeline transporting oil, gas, refined
62	62	products, or other materials across the property does not make an
63	63	applicant ineligible for a certificate unless:
64	64	(1) the applicant is also the owner or operator of the
65	65	pipeline; or
66	66	(2) the commission determines that both the owner and
67	67	operator of the pipeline are financially nonviable.
68	68	(i) Subsection (h) applies only to property that is:
69	69	(1) less than 10 acres in size; and
70	70	(2) located in a county on the international border
71	71	with a population of 800,000 or more.
72	72	SECTION 5. Subchapter V, Chapter 361, Health and Safety
73	73	Code, is amended by adding Section 361.755 to read as follows:
74	74	Sec. 361.755. RIGHTS OF PROPERTY OWNER REGARDING
75	75	CONTAMINATION FROM OFF-SITE SOURCE IN CERTAIN COUNTIES. (a) This
76	76	section applies only to property that is:
77	77	(1) less than 10 acres in size; and
78	78	(2) located in a county on the international border
79	79	with a population of 800,000 or more.
80	80	(b) If property described by Subsection (a) has been
81	81	contaminated from an off-site source for more than 15 years and
82	82	cleanup has not been achieved under the governing cleanup
83	83	requirements for the release, the party or parties responsible for
84	84	the cleanup shall compensate the property owner for the reduced
85	85	property value, cleanup costs, and any other damages resulting from
86	86	the contamination.
87	87	SECTION 6. (a) Section 16.003, Civil Practice and Remedies
88	88	Code, as amended by this Act, and Section 16.0032, Civil Practice
89	89	and Remedies Code, as added by this Act, apply only to a cause of
90	90	action that accrues on or after the effective date of this Act. A
91	91	cause of action that accrues before the effective date of this Act
92	92	is governed by the law in effect immediately before that date, and
93	93	that law is continued in effect for that purpose.
94	94	(b) Section 361.752, Health and Safety Code, as amended by
95	95	this Act, applies only to an agreement for reasonable access
96	96	entered into on or after the effective date of this Act. An
97	97	agreement for reasonable access entered into before the effective
98	98	date of this Act is governed by the law in effect when the agreement
99	99	was entered into, and the former law is continued in effect for that
100	100	purpose.
101	101	(c) Section 361.753, Health and Safety Code, as amended by
102	102	this Act, applies only to an application to obtain a certificate
103	103	confirming that the person is an innocent owner or operator
104	104	submitted on or after the effective date of this Act. An
105	105	application submitted before the effective date of this Act is
106	106	governed by the law in effect when the application was submitted,
107	107	and the former law is continued in effect for that purpose.
108	108	(d) Section 361.755, Health and Safety Code, as added by
109	109	this Act, applies to property that has been contaminated from an
110	110	off-site source regardless of whether the contamination occurred
111	111	on, before, or after the effective date of this Act.
112	112	SECTION 7. This Act takes effect September 1, 2015.