1 | 1 | | 88R1108 SCP-D |
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2 | 2 | | By: Hernandez H.B. No. 1082 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the release of a tier two form listing hazardous |
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8 | 8 | | chemicals that is in the possession of a political subdivision of |
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9 | 9 | | this state. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 505.006, Health and Safety Code, is |
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12 | 12 | | amended by amending Subsection (h) and adding Subsection (i) to |
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13 | 13 | | read as follows: |
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14 | 14 | | (h) Except as provided by Subsection (i) and Section |
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15 | 15 | | 505.015, documents filed under this chapter are subject to Chapter |
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16 | 16 | | 552, Government Code. |
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17 | 17 | | (i) Except as otherwise provided by this subsection, a tier |
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18 | 18 | | two form that is in the possession of a political subdivision of |
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19 | 19 | | this state is confidential and not subject to disclosure under |
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20 | 20 | | Chapter 552, Government Code. A political subdivision may release a |
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21 | 21 | | tier two form or information contained in the form to the public |
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22 | 22 | | only if: |
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23 | 23 | | (1) the tier two form or applicable information has |
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24 | 24 | | been made publicly available by the commission; or |
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25 | 25 | | (2) the information released only states the name of a |
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26 | 26 | | class of dangerous goods under the hazard classification system |
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27 | 27 | | used in the 2020 Emergency Response Guidebook published by the |
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28 | 28 | | United States Department of Transportation. |
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29 | 29 | | SECTION 2. Section 506.006, Health and Safety Code, is |
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30 | 30 | | amended by amending Subsection (g) and adding Subsection (h) to |
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31 | 31 | | read as follows: |
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32 | 32 | | (g) Except as provided by Subsection (h), documents |
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33 | 33 | | [Documents] filed under this chapter are subject to Chapter 552, |
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34 | 34 | | Government Code. |
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35 | 35 | | (h) Except as otherwise provided by this subsection, a tier |
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36 | 36 | | two form that is in the possession of a political subdivision of |
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37 | 37 | | this state is confidential and not subject to disclosure under |
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38 | 38 | | Chapter 552, Government Code. A political subdivision may release a |
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39 | 39 | | tier two form or information contained in the form to the public |
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40 | 40 | | only if: |
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41 | 41 | | (1) the tier two form or applicable information has |
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42 | 42 | | been made publicly available by the commission; or |
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43 | 43 | | (2) the information released only states the name of a |
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44 | 44 | | class of dangerous goods under the hazard classification system |
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45 | 45 | | used in the 2020 Emergency Response Guidebook published by the |
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46 | 46 | | United States Department of Transportation. |
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47 | 47 | | SECTION 3. Section 507.006, Health and Safety Code, is |
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48 | 48 | | amended by amending Subsection (h) and adding Subsection (i) to |
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49 | 49 | | read as follows: |
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50 | 50 | | (h) Except as provided by Subsection (i) and Section |
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51 | 51 | | 507.012, documents filed under this chapter are subject to Chapter |
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52 | 52 | | 552, Government Code. |
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53 | 53 | | (i) Except as otherwise provided by this subsection, a tier |
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54 | 54 | | two form that is in the possession of a political subdivision of |
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55 | 55 | | this state is confidential and not subject to disclosure under |
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56 | 56 | | Chapter 552, Government Code. A political subdivision may release a |
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57 | 57 | | tier two form or information contained in the form to the public |
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58 | 58 | | only if: |
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59 | 59 | | (1) the tier two form or applicable information has |
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60 | 60 | | been made publicly available by the commission; or |
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61 | 61 | | (2) the information released only states the name of a |
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62 | 62 | | class of dangerous goods under the hazard classification system |
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63 | 63 | | used in the 2020 Emergency Response Guidebook published by the |
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64 | 64 | | United States Department of Transportation. |
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65 | 65 | | SECTION 4. This Act takes effect September 1, 2023. |
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