reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 374.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter B. Rules, Standards, Criteria, and Reports|Section 374.055. Criteria for Administration of Chapter

Sec. 374.055.  CRITERIA FOR ADMINISTRATION OF CHAPTER.  (a)  The commission shall administer this chapter in accordance with this section.(b)  To the maximum extent possible, the commission shall deal with contamination from dry cleaning facilities by using money in the fund.(c)  The commission shall use money from the fund as sites are discovered in the normal course of the commission's business.(d)  The commission shall consider interim or early corrective action that may result in an overall reduction of risk to human health and the environment and in the reduction of total costs of corrective action at a site.(e)  The commission, in its discretion, may use innovative technology to perform corrective action.(f)  To the maximum extent possible, money in the fund must be used to address contamination resulting from releases.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter B. Rules, Standards, Criteria, and Reports|Section 374.056. Report to Governor and Legislature

Sec. 374.056.  REPORT TO GOVERNOR AND LEGISLATURE.  On or before December 1 of each even-numbered year, the executive director shall submit to the governor, lieutenant governor, speaker of the house of representatives, and members of the appropriate standing committees of the senate and the house of representatives a report regarding:(1)  money deposited to the credit of the fund during the two previous fiscal years and the sources of the receipts;(2)  disbursements from the fund during the two previous fiscal years and the purposes of the disbursements;(3)  the extent of corrective action taken under this chapter during the two previous fiscal years;  and(4)  the ranking of sites on the date the report is made.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.|
TX Health & Safety Code § 374.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter C. Financial Provisions|Section 374.101. Dry Cleaning Facility Release Fund

Sec. 374.101.  DRY CLEANING FACILITY RELEASE FUND.  (a)  The dry cleaning facility release fund is an account in the general revenue fund.(b)  The fund consists of money from:(1)  proceeds from the charges and fees imposed by this chapter;(2)  interest attributable to investment of money in the fund;(3)  money recovered by the state under this chapter, including any money paid:(A)  under an agreement with the commission; or(B)  as penalties; and(4)  money received by the commission in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of this chapter.(c)  Money in the fund may be appropriated only to the commission for the purposes of this chapter, including any administrative duty imposed on the commission under this chapter.(d)  The commission may annually spend for administrative and start-up expenses incurred in fulfilling its duties under this chapter an amount of money from the fund not to exceed 15 percent of the amount of money credited to the fund in the same fiscal year as the expenditures. (e)  Subject to the limitations of this chapter, the commission shall use only money from the fund to pay for all expenses incurred by the commission in fulfilling its duties under this chapter.(f)  Section 403.095, Government Code, does not apply to money deposited to the fund.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 7, eff. September 1, 2005.|
TX Health & Safety Code § 374.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter C. Financial Provisions|Section 374.102. Dry Cleaning Facility or Drop Station Registration; Fee; Posting

Sec. 374.102.  DRY CLEANING FACILITY OR DROP STATION REGISTRATION; FEE; POSTING.  (a)  Each owner of an operating dry cleaning facility or dry cleaning drop station shall register with the commission on a form provided by the commission.(b)  An annual registration fee, the total amount of which may be divided into quarterly payments and billed on dates established by the commission, is assessed as follows:(1)  for a dry cleaning facility that:(A)  has gross annual receipts of more than $150,000, a fee of $2,500;(B)  has gross annual receipts of $150,000 or less, a fee of $250;(C)  is designated as nonparticipating under Section 374.104, a fee of $250; or(D)  depends entirely on revenue collected from an associated dry cleaning drop station or drop stations, a fee in accordance with Paragraphs (A) and (B) determined by the combined gross annual receipts of the drop station or drop stations; or(2)  for a dry cleaning drop station that:(A)  has gross annual receipts of more than $150,000, a fee of $750;(B)  has gross annual receipts of $150,000 or less, a fee of $250; or(C)  is designated as nonparticipating under Section 374.104, a fee of $125.(c)  Fees paid under this section shall be deposited to the credit of the fund.(d)  The owner of a dry cleaning facility or drop station shall post the owner's registration number, in a manner prescribed by the commission, in the public area of each of the owner's operating dry cleaning facilities or drop stations.(e)  Registration under this section must be renewed annually.(f)  For each registration application, the commission shall request that the comptroller verify whether the owner submitting the registration application is in good standing with the state and whether the owner's selection on the registration application of the gross annual receipts classification for the dry cleaning facility or drop station agrees with information reported to the comptroller for the same tax or reporting year.  Not later than the third business day after the comptroller receives the verification request, based in part on information supplied by the commission, the comptroller shall report to the commission the owner's standing and whether the owner's application information agrees with the comptroller's information.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 8, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 374.1022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter C. Financial Provisions|Section 374.1022. Registration of Property Owner or Preceding Property Owner

Sec. 374.1022.  REGISTRATION OF PROPERTY OWNER OR PRECEDING PROPERTY OWNER.  (a)  The following persons may participate in the fund benefits by registering as provided by this section:(1)  a person who owns real property on which a dry cleaning facility or drop station is or was located; or(2)  a preceding owner of real property on which a dry cleaning facility or drop station is or was located who entered into an agreement with the current owner associated with the sale of the real property to the current owner that requires the person to be responsible for any costs associated with cleaning up contamination covered under this chapter.(b)  For a person described by Subsection (a) to participate in fund benefits, the person must:(1)  register with the commission on or before December 31, 2007, using a form prescribed by the commission;(2)  include on the registration form information identifying the person as a:(A)  property owner; or(B)  preceding property owner; and(3)  pay the annual registration fee of $1,500.(c)  A person described by Subsection (a) may participate in the fund benefits by registering after December 31, 2007, in the same manner as provided by Subsection (b).  A person registering after that date must also pay:(1)  all past annual registration fees; and(2)  a late fee of $100 for each month or partial month that has elapsed between December 2007 and the date of the registration.(d)  The annual registration fee may be divided into quarterly payments due over the year on dates established by the commission.|Added by Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 2, eff. June 15, 2007.|
TX Health & Safety Code § 374.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter C. Financial Provisions|Section 374.103. Fee on Purchase of Dry Cleaning Solvent; Disposition of Proceeds

Sec. 374.103.  FEE ON PURCHASE OF DRY CLEANING SOLVENT;  DISPOSITION OF PROCEEDS.  (a)  Except as provided by Subsection (b) and Section 374.104(d), a fee of $20 per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene and $3 per gallon on the purchase of any other dry cleaning solvent by an owner of a dry cleaning facility.  The person who distributes the solvent shall collect the fees and shall pay to the commission the amount due, in accordance with Subsection (a-1).(a-1)  A person who distributes dry cleaning solvent must register as a distributor with the commission.  A registered distributor is entitled to withhold one percent of the amount of the fee imposed by Subsection (a) for the distributor's administrative expenses if the distributor pays the remaining amount to the commission not later than the date prescribed by the commission.(b)  Subsection (a) does not apply to a dry cleaning facility designated as nonparticipating under Section 374.104.(c)  A person who distributes dry cleaning solvent may not sell the solvent for use in a dry cleaning facility unless the person first obtains and records the registration number of the owner of the facility.(d)  The commission shall adopt any procedures needed for the collection, administration, and enforcement of the fee imposed by this section and shall deposit all remitted fees to the credit of the fund.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 9, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 3, eff. June 15, 2007.|
TX Health & Safety Code § 374.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.151. Response to Release

Sec. 374.151.  RESPONSE TO RELEASE.  (a)  A person may not knowingly allow a release.(b)  A person who knows of a release of more than one quart of a chlorinated dry cleaning solvent or of more than one gallon of a non-chlorinated dry cleaning solvent shall:(1)  immediately contain and control the release; and(2)  notify the commission of the release before the expiration of 24 hours after the person learns of the release.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 11, eff. September 1, 2005.|
TX Health & Safety Code § 374.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.152. Investigation and Assessment of Release; Emergency Action

Sec. 374.152.  INVESTIGATION AND ASSESSMENT OF RELEASE;  EMERGENCY ACTION.  (a)  If a release or a potential release poses a threat to human health or to the environment, the commission shall:(1)  investigate and assess the extent of the resulting contamination;  and(2)  take necessary or appropriate emergency action to ensure that human health or safety is not threatened by the release or the potential release.(b)  Emergency action under Subsection (a)(2) may include the treatment, restoration, or replacement of drinking water supplies.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.153. Corrective Action

Sec. 374.153.  CORRECTIVE ACTION.  (a)  Subject to Subchapter E, the commission shall take corrective action for a release from a dry cleaning facility that results in contamination, including contamination that may have moved off the dry cleaning facility.(b)  Corrective action includes the cleanup of affected soil, groundwater, or surface water using the most cost-effective method that:(1)  is technologically feasible and reliable;(2)  provides adequate protection of human health and the environment;  and(3)  minimizes, to the extent practical, environmental damage.(c)  The commission shall:(1)  operate and maintain corrective action;(2)  monitor releases from a dry cleaning facility, including contamination that may have moved off the dry cleaning facility;(3)  pay the reasonable costs incurred by the commission in providing field and laboratory services;  and(4)  pay the reasonable costs of restoring property, as nearly as practicable, to the conditions that existed before the activities associated with:(A)  the investigation of a release;(B)  a cleanup;  or(C)  related corrective action.(d)  The commission shall ensure the removal and proper disposal of wastes generated by a release.(e)  Except as provided by Subchapter E, the commission shall pay the costs of corrective action conducted under this subchapter by the commission or by other entities approved by the commission, regardless of whether the corrective action is included in a corrective action plan.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.1535 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.1535. Site Restrictions After Corrective Action

Sec. 374.1535.  SITE RESTRICTIONS AFTER CORRECTIVE ACTION.  (a)  If the commission has completed corrective action at a dry cleaning site, perchloroethylene may not be used at that site.(b)  If the owner of a dry cleaning site uses perchloroethylene at the site after the completion of corrective action at that site, the site is not eligible for future corrective action using money from the fund.|Added by Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 5, eff. June 15, 2007.|
TX Health & Safety Code § 374.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.154. Ranking of Contaminated Dry Cleaning Sites

Sec. 374.154.  RANKING OF CONTAMINATED DRY CLEANING SITES.  (a)  For a contaminated dry cleaning site that does not require emergency action under Section 374.152, the commission shall assign a rank for the site relative to other sites previously ranked and awaiting corrective action based on information contained in the application for ranking.(b)  The following persons are eligible to apply for a site to be ranked under Subsection (a):(1)  a person who is an owner of the dry cleaning facility or drop station; and(2)  a person who is registered with the commission under Section 374.1022.(c)  If the applicant for ranking:(1)  is not an owner of the real property, the application must include proof that an owner of the real property has been notified of the application;(2)  is an owner of the real property and the dry cleaning facility or drop station is leased, the application must include proof that a lessee has been notified of the application; or(3)  is a person described by Section 374.1022(a)(2), the application must include proof that the owner of the real property and any lessee have been notified of the application.(d)  The application for ranking must contain information and evidence required by commission rule to aid in ranking.  The information and evidence required may include:(1)  water or soil samples;(2)  analyses of the water or soil samples;(3)  hydrogeologic information from the contaminated site;(4)  information concerning the site's proximity to a private or public water supply;  and(5)  other information or evidence the commission considers necessary.(e)  The costs incurred by an applicant in collecting the information and evidence under Subsection (d) shall be credited against the deductible payable by the applicant under Section 374.203(d).(f)  The commission shall notify the applicant of the relative ranking the commission assigns the applicant's site on or before the 90th day after the date the application is received by the commission.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 12, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 6, eff. June 15, 2007.|
TX Health & Safety Code § 374.155 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter D. Response to Release; Corrective Action|Section 374.155. Power to Modify Commission Rankings or Postpone Corrective Actions

Sec. 374.155.  POWER TO MODIFY COMMISSION RANKINGS OR POSTPONE CORRECTIVE ACTIONS.  The commission may:(1)  modify the ranked status of a site as warranted under the system of priorities established under Section 374.051(b)(3);  or(2)  postpone temporarily the completion of a corrective action for which money from the fund is being used, if the postponement is necessary to make money available for corrective action at a site with a higher ranking.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 374.202 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.202. Owner Responsibility

Sec. 374.202.  OWNER RESPONSIBILITY.  (a)  The commission may hold an owner responsible for up to 100 percent of the costs of corrective action attributable to the owner if the commission finds, after notice and an opportunity for a hearing that:(1)  requiring the owner to bear the responsibility will not prejudice another owner or person who is eligible, under this chapter, to have corrective action costs paid by the fund;  and(2)  the owner:(A)  caused a release by operating practices contrary to those generally in use at the time of the release;(B)  is in arrears for money owed under this chapter, after notice and an opportunity to correct the arrearage;(C)  obstructed the efforts of the commission to carry out its obligations under this chapter other than by the exercise of the owner's legal rights;(D)  caused or allowed the release because of a material violation of the performance standards established by this chapter or the rules adopted by the commission under this chapter;  or(E)  has more than once violated Section 374.151 or related commission rules.(b)  To the extent that an owner is responsible for corrective action costs under this subsection, the owner is not entitled to the exemption under Section 374.207.(c)  The commission, or the attorney general at the request of the commission, may bring a civil action to recover any amounts owed to the commission under this section.  The commission or attorney general, as applicable, may recover court costs, the costs of preparing for litigation, and reasonable attorney's fees incurred in an action brought under this section.  An owner is jointly and severally liable with any other defendant for the entire amount of costs.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 13, eff. September 1, 2005.|
TX Health & Safety Code § 374.203 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.203. Limitation on Use of Fund for Corrective Action

Sec. 374.203.  LIMITATION ON USE OF FUND FOR CORRECTIVE ACTION.  (a)  In this section, "contaminated dry cleaning site" means the areal extent of soil or groundwater contamination with dry cleaning solvents.(b)  The commission may not use money from the fund for the payment of costs in excess of $5 million for corrective action at a single contaminated dry cleaning site.(c)  Except for dry cleaning sites that require emergency action under Section 374.152, the commission may not use money from the fund for corrective action at a contaminated dry cleaning site unless an eligible person applies for the ranking under Section 374.154 and is not otherwise ineligible for corrective action under this chapter.(d)  The owner of a dry cleaning facility or drop station, or other person who submits the application for ranking the facility under Section 374.154, shall pay as a nonrefundable deductible the first $5,000 of corrective action costs incurred because of a release from the dry cleaning facility or drop station.  The commission may take corrective action regardless of whether the commission obtains the deductible.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 14, eff. September 1, 2005.|
TX Health & Safety Code § 374.204 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 374 - Dry Cleaner Environmental Response|Subchapter E. Liability and Responsibility|Section 374.204. Limitation on Liability

Sec. 374.204.  LIMITATION ON LIABILITY.  The fund, the commission, the executive director, this state, or agents or employees of this state may not be held liable for loss of business, damages, or taking of property associated with any corrective action taken under this chapter.|Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.|