reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.651 (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 361 - Solid Waste Disposal Act|Subchapter T. Fiduciary Liability|Section 361.651. Definitions

Sec. 361.651.  DEFINITIONS.  In this subchapter:(1)  "Fiduciary":(A)  means a person acting for the benefit of another party as a bona fide:(i)  trustee;(ii)  executor;(iii)  administrator;(iv)  custodian;(v)  guardian of an estate or guardian ad litem;(vi)  receiver;(vii)  conservator;(viii)  committee of the estate of an incapacitated person;(ix)  personal representative;(x)  trustee, including a successor to a trustee, under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender;  or(xi)  representative in any other capacity that the commission, after providing public notice, determines to be similar to the capacities described in Subparagraphs (i)-(x);  and(B)  does not include:(i)  a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, one or more estate plans or because of the incapacity of a natural person;  or(ii)  a person that acquires ownership or control of a solid waste facility with the objective purpose of avoiding liability of the person or of any other person.(2)  "Fiduciary capacity" means the capacity of a person in holding title to a solid waste facility or otherwise having control of or an interest in the solid waste facility pursuant to the exercise of the responsibilities of the person as a fiduciary.(3)  "Solid waste facility":(A)  means:(i)  all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste, including a publicly or privately owned solid waste facility consisting of several processing, storage, or disposal operational units such as one or more landfills, surface impoundments, or a combination of units;  and(ii)  any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located;  and(B)  does not include a:(i)  consumer product in consumer use;  or(ii)  vessel.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.751 (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 361 - Solid Waste Disposal Act|Subchapter V. Immunity From Liability of Innocent Owner or Operator|Section 361.751. Definitions

Sec. 361.751.  DEFINITIONS.  In this subchapter:(1)  "Contaminant" has the meaning assigned by Section 361.601.(2)  "Innocent owner or operator" means a person that:(A)  is an owner or operator of property that has become contaminated as a result of a release or migration of contaminants from a source or sources not located on or at the property;  and(B)  did not cause or contribute to the source or sources of the contamination referred to in Paragraph (A).|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.752 (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 361 - Solid Waste Disposal Act|Subchapter V. Immunity From Liability of Innocent Owner or Operator|Section 361.752. Immunity From Liability; Access to Property

Sec. 361.752.  IMMUNITY FROM LIABILITY;  ACCESS TO PROPERTY.  (a)  An innocent owner or operator of property is not liable under this code or the Water Code for investigation, monitoring, remediation, or corrective or other response action regarding the conditions attributable to a release or migration of a contaminant or otherwise liable regarding those conditions.(b)  A person that acquires a portion of the tract on which the source of a release of contaminants is located from the person that caused the release is eligible for immunity under Subsection (a) only if, after appropriate inquiry consistent with good commercial or customary practice, the person did not know or have reason to know of the contamination at the time the person acquired the property.(c)  To be eligible for immunity under Subsection (a), an owner or operator must grant reasonable access to the property for purposes of investigation or remediation to a person designated by the executive director.  An agreement for reasonable access may provide:(1)  that the designated person may not unreasonably interfere with the use of the property;(2)  for payment of reasonable compensation for access to the property;  or(3)  that the owner or operator is indemnified from liability for an intentional or negligent act of the designated person arising from the person's access to and use of the property.(d)  This section does not limit any right of the commission under another provision of this code or the Water Code to obtain access to the property.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.753 (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 361 - Solid Waste Disposal Act|Subchapter V. Immunity From Liability of Innocent Owner or Operator|Section 361.753. Certification

Sec. 361.753.  CERTIFICATION.  (a)  A person may apply to the commission for a certificate confirming that the person is an innocent owner or operator.  The application must include a complete site investigation report that demonstrates that:(1)  the property has become contaminated as a result of a release or migration of contaminants from a source or sources not located on or at the property;(2)  the owner or operator has not caused or contributed to the source or sources of the contamination referred to in Subdivision (1);  and(3)  the owner or operator is eligible for immunity under Section 361.752(b).(b)  The commission may charge an application fee in an amount not to exceed the cost of reviewing the application.  The commission shall deposit a fee collected under this subsection to the credit of the hazardous and solid waste remediation fee account.(c)  Not later than the 45th day after the date the commission receives the application, the commission shall notify the applicant whether the application is complete.(d)  Not later than the 90th day after the date the commission receives the application, the commission shall:(1)  issue or deny the certificate;  or(2)  notify the applicant of any additional information needed to review the application.(e)  Not later than the 45th day after the date the commission receives the additional information requested under Subsection (d)(2), the commission shall issue or deny the certificate.(f)  The certificate evidences the immunity from liability of the applicant as provided by Section 361.752.(g)  The commission may condition the issuance of the certificate on the placement of restrictions on the use of the property that are reasonably necessary to protect the public health, including:(1)  institutional controls such as deed restrictions or municipal zoning restrictions;  or(2)  at the owner's or operator's option, other control measures.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.010, eff. September 1, 2009.|
TX Health & Safety Code § 361.754 (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 361 - Solid Waste Disposal Act|Subchapter V. Immunity From Liability of Innocent Owner or Operator|Section 361.754. Rights of Innocent Owner or Operator Regarding Contamination From Source Not Located on or at Property

Sec. 361.754.  RIGHTS OF INNOCENT OWNER OR OPERATOR REGARDING CONTAMINATION FROM SOURCE NOT LOCATED ON OR AT PROPERTY.  This subchapter does not limit the right of an innocent owner or operator to pursue any remedy available at law or in equity for conditions attributable to the release or migration of contaminants from a source or sources that are not located on or at the property.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.801 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.801. Definitions

Sec. 361.801.  DEFINITIONS.  In this subchapter:(1)  "Contaminant" includes:(A)  solid waste;(B)  hazardous waste;(C)  a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, or Table 1, 40 C.F.R. Section 261.24;(D)  a pollutant as defined in Section 26.001, Water Code;  and(E)  a hazardous substance:(i)  as defined in Section 361.003;  or(ii)  subject to Subchapter G, Chapter 26, Water Code.(2)  "Potable water" means water that is used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes.(3)  "Response action" means the cleanup or removal from the environment of a hazardous substance or contaminant, excluding a waste, pollutant, or substance regulated by or that results from an activity under the jurisdiction of the Railroad Commission of Texas under Chapter 91 or 141, Natural Resources Code, or Chapter 27, Water Code.|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.8015 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.8015. Legislative Findings

Sec. 361.8015.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that access to and the use of groundwater may need to be restricted to protect public health and welfare where the quality of groundwater presents an actual or potential threat to human health.(b)  The legislature finds that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a municipal setting designation advances a substantial and legitimate state interest where the quality of the groundwater subject to the designation is an actual or potential threat to human health.|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.802 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.802. Purpose

Sec. 361.802.  PURPOSE.  The purpose of this subchapter is to provide authorization to the executive director to certify municipal setting designations for municipal properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by ordinance or restrictive covenant.|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.803 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.803. Eligibility for a Municipal Setting Designation

Sec. 361.803. ELIGIBILITY FOR A MUNICIPAL SETTING DESIGNATION.  A person, including a local government, may submit a request to the executive director for a municipal setting designation for property if:(1)  the property is within the corporate limits or extraterritorial jurisdiction of a municipality authorized by statute; and(2)  a public drinking water supply system exists that satisfies the requirements of Chapter 341 and that supplies or is capable of supplying drinking water to:(A)  the property for which designation is sought; and(B)  property within one-half mile of the property for which designation is sought.|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 240 (H.B. 2018), Sec. 1, eff. May 25, 2007.|
TX Health & Safety Code § 361.806 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.806. Denial of Application

Sec. 361.806.  DENIAL OF APPLICATION.  (a)  The executive director shall deny an application submitted under Section 361.804 if:(1)  any of the eligibility criteria described in Section 361.803 have not been met for the property for which the municipal setting designation is sought;(2)  the application is incomplete or inaccurate;  or(3)  after the 60-day comment period described by Section 361.805(e), the executive director determines that the municipal setting designation would negatively impact the current and future regional water resource needs or obligations of a municipality, a retail public utility, or a private well owner described by Section 361.805(a).(b)  If the executive director determines that an application is incomplete or inaccurate, the executive director, not later than the 90th day after receipt of the application, shall provide the applicant with a list of all information needed to make the application complete or accurate.(c)  If the executive director denies the application, the executive director shall:(1)  notify the applicant that the application has been denied;  and(2)  explain the reasons for the denial of the application.|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.807 (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 361 - Solid Waste Disposal Act|Subchapter W. Municipal Setting Designations|Section 361.807. Certification

Sec. 361.807.  CERTIFICATION.  (a)  If the executive director determines that an applicant has complied with Section 361.8065 and submitted a complete application, the executive director shall issue a copy of the municipal setting designation certificate to:(1)  the applicant for the municipal setting designation;(2)  each municipality, retail public utility, and private well owner described by Section 361.805(a);  and(3)  each person who submitted comments on the application for the municipal setting designation and anyone else who requested a copy during the review period.(b)  The municipal setting designation certificate shall:(1)  indicate that the municipal setting designation eligibility criteria described in Section 361.803 are satisfied and that the executive director has certified the municipal setting designation;(2)  indicate that any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Section 361.808;  and(3)  include a legal description of the outer boundaries of the municipal setting designation.(c)  If the executive director determines that an applicant has submitted a complete application except that an ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065 have not been submitted, the executive director shall issue a letter to the applicant listed in Subsection (a) stating that a municipal setting designation will be certified on submission of a copy of the ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065.  On submission of the ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065, the executive director shall issue a municipal setting designation certificate in accordance with Subsections (a) and (b).|Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 550 (H.B. 2826), Sec. 4, eff. September 1, 2011.|
TX Health & Safety Code § 361.901 (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 361 - Solid Waste Disposal Act|Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields|Section 361.901. Definitions

Sec. 361.901. DEFINITIONS.  In this subchapter:(1)  "Assessment" means an environmental assessment described by Section 361.904.(2)  "Brownfield" means real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of environmental contamination.(3)  "Brownfield program" means a county brownfield cleanup and economic redevelopment program described by Section 361.902.(4)  "Eligible owner" means the owner of a brownfield who demonstrates to the commissioners court of the county in which the brownfield is located that the owner:(A)  became the owner after the contamination occurred;(B)  did not contribute to the contamination as an owner responsible for contamination or through association with previous owners responsible for the contamination;(C)  exercises appropriate care at the brownfield by taking reasonable steps to stop continuing releases, prevent any threatened future releases, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance; and(D)  complies with local, state, and federal laws with respect to land use and requests for information.(5)  "Eligible site" means a property or facility that is owned by a county or, if not owned by a county, for which the owner applies to a county for brownfield assistance or certification and a county determines is a brownfield under the county's brownfield program.(6)  "Licensed professional engineer" means a person licensed as an engineer by the Texas Board of Professional Engineers and Land Surveyors.(7)  "Remediation" means an action included within the meanings of "remedial action" and "removal," as those terms are defined by Section 361.003.|Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.08, eff. September 1, 2019.|
TX Health & Safety Code § 361.902 (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 361 - Solid Waste Disposal Act|Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields|Section 361.902. County Brownfield Cleanup and Economic Redevelopment Program

Sec. 361.902. COUNTY BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT PROGRAM.  (a)  The commissioners court of a county with a population of 250,000 or more may establish a program for the cleanup and economic redevelopment of brownfields located in the county, as authorized by Section 52-a, Article III, Texas Constitution.(b)  A brownfield program must include:(1)  procedures to:(A)  identify eligible sites;(B)  conduct assessments;(C)  prioritize the remediation of eligible sites, with consideration given to:(i)  the number of jobs related to the remediation; and(ii)  the resulting economic and environmental benefits to the county;(D)  conduct the remediation of an eligible site;(E)  conduct the inspection of a property or facility after remediation; and(F)  guide eligible owners in applying for county assistance under the program; and(2)  standards by which the county can determine:(A)  the eligibility of a person for a grant or loan under the program;(B)  the eligibility of a person to enter into a contract with the county to perform remediation or inspection; and(C)  the completeness of the remediation of a property or facility.(c)  The county shall make available to the public and to the commission a draft of the proposed program at least 60 days before a public hearing to receive comments on the proposed program.(d)  The county shall review comments received and make amendments to the draft as appropriate before adopting and implementing the program.(e)  The county shall submit a copy of the final draft of a program adopted under this section to the commission and shall make the final draft available to the public.(f)  The county may amend a program adopted under this section by applying the procedures described by Subsections (c), (d), and (e) to the proposed amendment.(g)  The county may assign current or employ additional staff to implement a program adopted under this section.|Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.|
TX Health & Safety Code § 361.903 (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 361 - Solid Waste Disposal Act|Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields|Section 361.903. Brownfield Cleanup and Economic Redevelopment Fund

Sec. 361.903.  BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT FUND.  (a)  The commissioners court of a county may establish a fund for a brownfield program and deposit to the credit of the fund any money the commissioners court considers appropriate, including revenue from property taxes, sales taxes, fees, gifts or grants, principal and interest payments made to repay loans from the fund, proceeds from the issuance of bonds, and contributions of other resources.(b)  Money from a fund established under this section may be used only to provide for economic growth and development of the county by paying for all or part of:(1)  the cost of an assessment;(2)  the cost of remediating a brownfield;(3)  the cost of inspecting a property or facility after remediation;(4)  a loan to an eligible owner or licensed professional engineer to conduct assessment, eligible site remediation, or inspection of a property or facility after remediation; or(5)  administrative expenses associated with implementing the brownfield program.(c)  For the purposes of the county's brownfield program, a county may solicit and leverage money from other sources, including federal money that may be available for brownfield assessment and eligible site remediation.(d)  Before a county may issue bonds payable from ad valorem taxes to provide money for a fund, the bond issuance must be approved by a majority of the voters voting on the issue at an election held for that purpose.|Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.|