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.