Tex. Health & Safety Code § 361.1875 · Subchapter F. REGISTRY AND CLEANUP OF CERTAIN HAZARDOUS WASTE FACILITIES
EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that:
(1) the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;
(2) additional corrective action is not required at the site owned or operated by the person; and
(3) the commission will not undertake a formal enforcement action in the matter.
(b) The commission may not name a land bank established under Chapter 379C, Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:
(1) the contaminants that are the subject of investigation under this subchapter:
(A) appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or
(B) appear to have been present on the site before the land bank purchased the site; and
(2) the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 965, Sec. 11.01, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 1, eff. September 1, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm
- Text hash
- sha256 72bf984cb66858553b60bd43f247570b3ce0e39616d6d718f9ddc7dfcbb1366e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.