HBA-NIK S.B. 509 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 509 By: Brown Civil Practices 4/19/1999 Engrossed BACKGROUND AND PURPOSE Currently, the state provides for the Texas Innocent Owner/Operator Program at the Texas Natural Resource Conservation Commission (commission). Participants in the program can obtain a certificate as an innocent owner or operator, under the Health and Safety Code or Water Code, if their property has become contaminated as a result of a release or migration of contaminants from a source or sources of contamination. The certificate provides immunity from cost-recovery by the state for such contamination on the holder's property. S.B. 509 provides immunity from liability if certain property becomes environmentally contaminated. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (a), Section 361.753, Health and Safety Code, to provide that the application for a certificate confirming that the person is an innocent owner or operator must include a complete site investigation report that demonstrates that if the applicant is a person who acquired the property for which immunity is sought in the manner described by Section 361.752(b) (Immunity from Liability; Access to Property), Health and Safety Code, the owner or operator is eligible for immunity under that section. SECTION 2. Emergency clause. Effective date: upon passage.