reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3467. Duty to Ensure Certification of Tank Before Delivery

Sec. 26.3467.  DUTY TO ENSURE CERTIFICATION OF TANK BEFORE DELIVERY.  (a)  The owner or operator of an underground storage tank into which a regulated substance is to be deposited shall provide the common carrier a copy of the certificate of compliance for the specific underground storage tank into which the regulated substance is to be deposited before accepting delivery of the regulated substance into the underground storage tank.  The owner or operator of an underground storage tank may comply with this subsection by obtaining a current copy of the certificate from the commission's Internet website.
(b)  An owner or operator of an underground storage tank who violates Subsection (a) commits an offense that is punishable as provided by Section 7.156 for an offense under that section.
(c)  A person who sells a regulated substance to a common carrier who delivers the regulated substance to the owner or operator of an underground storage tank into which the regulated substance is deposited, and who does not deliver the regulated substance into the underground storage tank, is not liable under this chapter with respect to that tank.
(d)  A person may not deliver any regulated substance into an underground storage tank regulated under this chapter unless the underground storage tank has been issued a valid, current underground storage tank registration and certificate of compliance under Section 26.346.  The commission may impose an administrative penalty against a person who violates this subsection.  The commission shall adopt rules as necessary to enforce this subsection.
(e)  It is an affirmative defense to the imposition of an administrative penalty for a violation of Subsection (d) that the person delivering a regulated substance into an underground storage tank relied on:
(1)  a valid paper delivery certificate presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank;
(2)  a temporary delivery authorization presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank; or
(3)  registration and self-certification information for the underground storage tank obtained from the commission's Internet website not more than 30 days before the date of delivery.
Added by Acts 1999, 76th Leg., ch. 1441, Sec. 3, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.16, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.347. Tank Standards

Sec. 26.347.  TANK STANDARDS.  (a)  The commission shall adopt performance standards for existing underground storage tanks and underground storage tanks brought into use on or after the effective date of the standards.
(b)  The performance standards for underground storage tanks must include design, construction, installation, release detection, and compatibility standards.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 5, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3475. Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection; Notice of Violation; Shutdown

Sec. 26.3475.  RELEASE DETECTION REQUIREMENTS;  SPILL AND OVERFILL PREVENTION;  CORROSION PROTECTION;  NOTICE OF VIOLATION;  SHUTDOWN.  (a)  All piping in an underground storage tank system that routinely conveys regulated substances under pressure must comply with commission requirements for pressurized piping release detection equipment.
(b)  All piping in an underground storage tank system that routinely conveys regulated substances under suction must comply with commission requirements for suction-type piping release detection equipment.
(c)  A tank in an underground storage tank system must comply with commission requirements for:
(1)  tank release detection equipment;  and
(2)  spill and overfill equipment.
(d)  An underground storage tank system must comply with commission requirements for applicable tank integrity assessment and corrosion protection not later than December 22, 1998.
(e)  The commission may issue a notice of violation to the owner or operator of an underground storage tank system that does not comply with this section, informing the owner or operator of the nature of the violation and that the commission may order the noncomplying underground storage tank system placed out of service if the owner or operator does not correct the violation within 30 days after the date the notice is received.  If the owner or operator does not correct the violation within the prescribed time, the commission may order the noncomplying underground storage tank system out of service.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3476. Secondary Containment Required for Tanks Located Over Certain Aquifers

Sec. 26.3476.  SECONDARY CONTAINMENT REQUIRED FOR TANKS LOCATED OVER CERTAIN AQUIFERS.  (a)  In this section, "secondary containment" means a method by which a secondary wall or barrier is installed around an underground storage tank system in a manner designed to prevent a release of a regulated substance from migrating beyond the secondary wall or barrier before the release can be detected.  A secondary containment system may include an impervious liner or vault surrounding a primary tank or piping system or a double-wall tank or piping system.
(b)  An underground storage tank system, at a minimum, shall incorporate a method for secondary containment if the system is located in:
(1)  the outcrop of a major aquifer composed of limestone and associated carbonate rocks of Cretaceous age or older; and
(2)  a county that:
(A)  has a population of at least 1.2 million and relies on groundwater for at least 75 percent of the county's water supply; or
(B)  has a population of at least 75,000 and is adjacent to a county described by Paragraph (A).
(c)  Section 26.3475(e) applies to an underground storage tank system that is subject to this section as if a violation of this section were a violation of Section 26.3475.
(d)  Notwithstanding Section 26.359(b), a political subdivision under this section may adopt standards for the containment of underground storage tank systems.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 13.01, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 279, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.348. Leak Detection and Record Maintenance

Sec. 26.348.  LEAK DETECTION AND RECORD MAINTENANCE.  The commission shall adopt standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment.  In addition, the commission shall adopt requirements for maintaining records of any leak detection monitoring that includes inventory control or tank testing system or comparable system.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.349. Reporting of Releases and Corrective Action

Sec. 26.349.  REPORTING OF RELEASES AND CORRECTIVE ACTION.  (a)  The commission shall adopt requirements for the reporting of any releases and corrective action taken in response to a release from an underground or aboveground storage tank.
(b)  Repealed by Acts 1997, 75th Leg., ch. 1082, Sec. 12, eff. Sept. 1, 1997.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 6, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.350. Tank Closure Requirements

Sec. 26.350.  TANK CLOSURE REQUIREMENTS.  The commission shall adopt requirements for the closure of tanks, including the removal, disposal, or removal and disposal of tanks to prevent future releases of regulated substances into the environment.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3511. Corrective Action by the Commission

Sec. 26.3511.  CORRECTIVE ACTION BY THE COMMISSION.  (a)  Notwithstanding Section 26.351(c) of this code, to the extent that the commission pays from the petroleum storage tank remediation account or from sources other than the waste management account the expenses of the investigations, cleanups, and corrective action measures it performs, the commission may undertake those corrective action measures described in Section 26.351 of this code in response to a release or a threatened release from an underground or aboveground storage tank under any circumstances in which the commission considers it necessary to protect the public health and safety or the environment.
(b)  The state, the commission, and their agents or employees are not liable for damages arising out of the loss of access to or the use of real property or losses to a business located on the real property if those damages arise out of a delay in procuring services for corrective action, initiating corrective action, or completing corrective action on the property.  This subsection applies only to cases in which the commission undertakes corrective action.
Added by Acts 1989, 71st Leg., ch. 228, Sec. 8, eff. May 31, 1989.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3515. Limits on Liability of Corporate Fiduciary

Sec. 26.3515.  LIMITS ON LIABILITY OF CORPORATE FIDUCIARY.  (a)  A corporate fiduciary or its agent is not liable in an individual capacity as an owner or operator of an underground or aboveground storage tank under this subchapter solely because:
(1)  the corporate fiduciary or its agent has legal title to real or personal property for purposes of administering a trust or estate of which the property is a part;  or
(2)  the corporate fiduciary or its agent does not have legal title to the real or personal property but operates or manages the property under the terms of an estate or trust of which the property is a part.
(b)  Subsection (a) of this section does not relieve a trust, estate, or beneficiary of any liability the trust, estate, or beneficiary may have as an owner or operator under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 905, Sec. 3, eff. June 16, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3516. Limits on Liability of Taxing Unit

Sec. 26.3516.  LIMITS ON LIABILITY OF TAXING UNIT.  (a)  This section applies to a taxing unit that has foreclosed an ad valorem tax lien on real property on which an underground or aboveground storage tank is located, or on any other personal property attached to or located on property on which an underground or aboveground storage tank is located, as security for payment of ad valorem taxes.
(b)  A taxing unit is not liable as an owner or operator under this subchapter solely because the taxing unit holds indicia of ownership because of a tax foreclosure sale under the Tax Code.
(c)  If a taxing unit removes a tank from service or takes corrective action at any time after foreclosure, the taxing unit shall perform corrective action in accordance with requirements adopted by the commission under this subchapter.
(d)  A taxing unit is not liable as an owner or operator under this subchapter solely because the taxing unit sells, releases, liquidates, or winds up operations and takes measures to preserve, protect, or prepare the secured aboveground or underground storage tank before sale or other disposition of the storage tank or the property if the taxing unit:
(1)  did not participate in the management of an aboveground or underground storage tank or real or personal property described by Subsection (a) before foreclosure or an equivalent action on the storage tank or the property;  and
(2)  establishes, as provided by Subsection (e), that the ownership indicia maintained after foreclosure continue to be held primarily to protect a payment of ad valorem taxes.
(e)  A taxing unit may establish that the ownership indicia maintained after foreclosure continue to be held primarily to protect payment of ad valorem taxes if the taxing unit:
(1)  lists the aboveground or underground storage tank, or the facility or property on which the tank is located, with a broker, dealer, or agent who deals in that type of property;  or
(2)  advertises the aboveground or underground storage tank for sale or other disposition in:
(A)  a real estate publication;
(B)  a trade or other publication appropriate for the aboveground or underground storage tank being advertised;  or
(C)  a newspaper of general circulation in the area in which the aboveground or underground storage tank is located.
Added by Acts 1999, 76th Leg., ch. 895, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.354. Emergency Orders

Sec. 26.354.  EMERGENCY ORDERS.  The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 11, eff. May 31, 1989;  Acts 1997, 75th Leg., ch. 1072, Sec. 22, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.356. Inspections, Monitoring, and Testing

Sec. 26.356.  INSPECTIONS, MONITORING, AND TESTING.  (a)  For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator of an underground or aboveground storage tank, on the request of the commission, shall:
(1)  furnish information relating to the tank, including tank equipment and contents;  and
(2)  permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tank.
(b)  For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, the commission, its designated agent, or employee may:
(1)  enter at reasonable times an establishment or place in which an underground or aboveground storage tank is located;
(2)  inspect and obtain samples of a regulated substance contained in the tank from any person;  and
(3)  conduct monitoring or testing of the tank, associated equipment, contents, or surrounding soils, air, surface water, or groundwater.
(c)  The commission may order an owner or an operator of an underground or aboveground storage tank to conduct monitoring and testing if the commission finds that there is reasonable cause to believe that a release has occurred in the area in which the underground or aboveground storage tank is located.
(d)  Each inspection made under this section must be begun and completed with reasonable promptness.  Before a designated agent or employee of the commission enters private property to carry out a function authorized under this section, the agent or employee must give reasonable notice and exhibit proper identification to the manager or owner of the property or to another appropriate person, as provided by commission rule.  The commission's designated agent or employee must observe the regulations of the establishment being inspected, including regulations regarding safety, internal security, and fire protection.
Added by Acts of 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 13, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.357. Standards and Rules

Sec. 26.357.  STANDARDS AND RULES.  (a)  Standards and rules concerning underground storage tanks adopted by the commission under this subchapter must be at least as stringent as the federal requirements under Title VI of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. Section 6901 et seq.).
(b)  The commission may not impose standards or rules more stringent than the federal requirements unless the commission determines that more stringent standards or rules are necessary to protect human health or the environment.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 14, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3571. Eligible Owner or Operator

Sec. 26.3571.  ELIGIBLE OWNER OR OPERATOR.  (a)  The commission by rule shall establish criteria to be met by a person to qualify as an eligible owner or operator.
(b)  To be an eligible owner or operator for purposes of this subchapter, a person must not have missed any of the deadlines described in Section 26.351(f) and must:
(1)  be one of the following:
(A)  an owner or operator of a petroleum storage tank that is subject to regulation under this subchapter;
(B)  an owner of land that can clearly prove that the land has been contaminated by a release of petroleum products from a petroleum storage tank that is subject to regulation under this subchapter, whether or not the tank is still attached to that land;  or
(C)  a lender that has a bona fide security or lienhold interest in or mortgage lien on any property contaminated by the release of petroleum products from a petroleum storage tank subject to regulation under this subchapter, or that forecloses on or receives an assignment or deed in lieu of foreclosure and becomes the owner of such property;
(2)  be in compliance with this subchapter as determined by the commission;  and
(3)  meet qualifying criteria established by the commission under Subsection (a) of this section.
(c)  The commission by rule may prescribe special conditions, consistent with the objective of formulating an overall plan for remediation of an entire contaminated site, for designating as an eligible owner:
(1)  a person described by Subsection (b)(1)(B) of this section who owns land contaminated by a release of petroleum products from a tank that was or is located on property the person does not own;  or
(2)  a lender described by Subsection (b)(1)(C) of this section.
(d)  In determining whether an owner or operator is in compliance with this subchapter, the commission may consider such factors as the owner's or operator's compliance with tank registration, release detection and reporting, and corrective action requirements.
(e)  The commission shall designate a person as an eligible owner or operator for purposes of this subchapter as provided by this section.
(f)  The commission may not establish any requirements for eligibility under this section that are not consistent with this subchapter or with federal law and federal regulations.
(g)  An otherwise eligible owner or operator who misses a deadline referenced in Subsection (b) shall be considered ineligible for reimbursement under this subchapter.
(h)  Nothing in this section reduces the liability to perform corrective action created under Section 26.351 and other parts of this subchapter.
Added by Acts 1989, 71st Leg., ch. 228, Sec. 15, eff. May 31, 1989.  Amended by Acts 1991, 72nd Leg., ch. 905, Sec. 5, eff. June 16, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 14.06, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3572. Groundwater Protection Cleanup Program

Sec. 26.3572.  GROUNDWATER PROTECTION CLEANUP PROGRAM.  (a)  The groundwater protection cleanup program is established, and the commission shall administer that program.
(b)  In administering the program, the commission shall:
(1)  negotiate with or direct responsible parties in site assessment and remediation matters using risk-based corrective action;
(2)  approve site-specific corrective action plans for each site as necessary, using risk-based corrective action;
(3)  review and inspect site assessment and remedial activities and reports;
(4)  use risk-based corrective action procedures as determined by commission rule to establish cleanup levels;
(5)  adopt by rule criteria for assigning a priority to each site using risk-based corrective action and assign a priority to each site according to those criteria;
(6)  adopt by rule criteria for:
(A)  risk-based corrective action site closures;  and
(B)  the issuance of a closure letter to the owner or operator of a tank site on completion of the commission's corrective action requirements;  and
(7)  process claims for petroleum storage tank remediation account disbursement in accordance with this subchapter.
(c)  The commission by rule may approve site assessment methodologies.  The commission shall approve or disapprove a site assessment or corrective action plan, as defined by commission rule, on or before the 30th day after the commission receives the assessment or plan.  The commission shall adopt by rule criteria to be used to determine:
(1)  the necessity for site assessment;  and
(2)  the nature of the site assessment required.
(d)  The commission may not approve a corrective action plan until the commission and the owner or operator of the site by agreement set specific goals in the plan for completing discrete corrective action tasks before specified dates.  The owner or operator is responsible for meeting the goals.
Added by Acts 1989, 71st Leg., ch. 228, Sec. 16, eff. May 31, 1989.  Amended by Acts 1995, 74th Leg., ch. 315, Sec. 9, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 14.07, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.35731. Consideration and Processing of Applications for Reimbursement

Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS FOR REIMBURSEMENT.  (a)  Except as provided by Subsection (b), the commission shall consider and process a claim by an eligible owner or operator for reimbursement from the petroleum storage tank remediation account in the order in which it is received.  The commission shall consider and process all claims by eligible owners and operators for reimbursement from the account that were received before September 1, 1995, before the commission considers a claim received after that date.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 722 (S.B. 485), Sec. 7
(b)  The commission may postpone considering, processing, or paying a claim for reimbursement from the petroleum storage tank remediation account for corrective action work begun without prior commission approval after September 1, 1993, that is filed with the commission before January 1, 2005.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 899 (S.B. 1863), Sec. 5.03
(b)  The commission has discretion whether to postpone considering, processing, or paying a claim for reimbursement from the petroleum storage tank remediation account for corrective action work begun without prior commission approval after September 1, 1993, and filed with the commission prior to January 1, 2005.
(c)  Not later than the 90th day after the date on which the commission receives a completed application for reimbursement from the petroleum storage tank remediation account, the commission shall send a fund payment report to the owner or operator of a petroleum storage tank system that is seeking reimbursement, if sufficient funds are available to make the payment.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 11, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 24, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1441, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 200, Sec. 6(b), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 5.03, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.35735. Claims Audit

Sec. 26.35735.  CLAIMS AUDIT.  (a)  The commission annually shall audit claims for payment from the petroleum storage tank remediation account.
(b)  The commission shall conduct the audit in accordance with generally accepted accounting standards as prescribed by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, the United States General Accounting Office, or other professionally recognized entities that prescribe auditing standards.
(c)  The commission may use generally recognized sampling techniques to audit claims if the commission determines that the use of those techniques would be cost-effective and would promote greater efficiency in administering claims for payment from the petroleum storage tank remediation account.
(d)  The commission may adopt rules necessary to implement this section.
(e)  The commission may audit a claim for payment as required by this section only:
(1)  under guidelines adopted by commission rule that relate to conducting an audit under this section and denying a claim as a result of that audit and that are in effect when the audit is conducted;  or
(2)  in a case of suspected fraud.
(f)  Not later than the 90th day after an audit under this section has been completed, the commission shall send a copy of the audit to the person whose claim for payment is the subject of the audit.
Added by Acts 1993, 73rd Leg., ch. 533, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 315, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 25, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.359. Local Regulation or Ordinance

Sec. 26.359.  LOCAL REGULATION OR ORDINANCE.  (a)  In this section, "local government" means a school district, county, municipality, junior college district, river authority, water district or other special district, or other political subdivision created under the constitution or a statute of this state.
(b)  A regulation or ordinance adopted by a local government that imposes standards for the design, construction, installation, or operation of underground storage tanks is not valid.
Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 965, Sec. 14.10
(c)  This section does not apply to a regulation or ordinance in effect as of January 1, 2001.
Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 966, Sec. 11.02
(c)  This section does not apply to a rule adopted by the Edwards Aquifer Authority, or to a regulation or ordinance in effect as of January 1, 2001, or thereafter amended.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 14.10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 966, Sec. 11.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.360. Privatization of Program

Sec. 26.360.  PRIVATIZATION OF PROGRAM.  Notwithstanding other provisions of this subchapter, the commission by rule may authorize the privatization of any part of the program established under this subchapter.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.361. Expiration of Reimbursement Program

Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.  Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2012.  On or after September 1, 2012, the commission may not use money from the petroleum storage tank remediation account to reimburse an eligible owner or operator for any expenses of corrective action or to pay the claim of a person who has contracted with an eligible owner or operator to perform corrective action.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 28, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1442, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 14.10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 5.06, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 7, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1109 (H.B. 3554), Sec. 5, eff. August 27, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.362. Suit to Test Validity of Closure Letter

Sec. 26.362.  SUIT TO TEST VALIDITY OF CLOSURE LETTER.  The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if the letter is issued in accordance with commission rules.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.363. Reliance on Closure Letter

Sec. 26.363.  RELIANCE ON CLOSURE LETTER.  An owner or operator to whom a closure letter for a site has been issued under Section 26.3572 may not be held liable for the owner's or operator's conduct taken in reliance on and within the scope of the closure letter.
Added by Acts 1995, 74th Leg., ch. 315, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.364. Registration of Persons Who Contract to Perform Corrective Action

Sec. 26.364.  REGISTRATION OF PERSONS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.  (a)  The commission may implement a program under Chapter 37 to register persons who contract to perform corrective action under this subchapter.
(b)  The commission, on the request of an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors, shall register the engineer in the program.
(c)  An engineer registered in the program may contract to perform corrective action under this subchapter unless the Texas Board of Professional Engineers and Land Surveyors determines the engineer is not qualified to perform a corrective action.
(d)  An engineer registered under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary procedures.
(e)  The commission may not adopt minimum qualifications for an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors to contract with an eligible owner or operator to perform a corrective action under this subchapter.
(f)  Any qualified contractor registered under Chapter 37 may conduct the characterization, study, appraisal, or investigation of a site.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.16, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.365. Registration of Geoscientists Who Contract to Perform Corrective Action

Sec. 26.365.  REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.  (a)  In administering the program implemented under Section 26.364(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, shall register the geoscientist in the program.
(b)  A geoscientist registered in the program may contract to perform corrective action under this subchapter unless the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, determines that the geoscientist is not qualified to perform a corrective action.
(c)  A geoscientist registered under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary proceedings.
(d)  The commission may not adopt minimum qualifications for a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, to contract with an eligible owner or operator to perform a corrective action under this subchapter.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.366. Licensure of Persons Who Supervise Corrective Actions

Sec. 26.366.  LICENSURE OF PERSONS WHO SUPERVISE CORRECTIVE ACTIONS.  (a)  The commission may implement a program under Chapter 37 to license persons who supervise a corrective action under this subchapter.
(b)  The commission, on the request of an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors, shall license the engineer in the program.
(c)  An engineer licensed in the program may supervise a corrective action under this subchapter unless the Texas Board of Professional Engineers and Land Surveyors determines the engineer is not qualified to supervise a corrective action.
(d)  An engineer licensed under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary procedures.
(e)  The commission may not adopt minimum qualifications for an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors to supervise a corrective action under this subchapter.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.17, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.367. Licensure of Geoscientists Who Supervise Corrective Actions

Sec. 26.367.  LICENSURE OF GEOSCIENTISTS WHO SUPERVISE CORRECTIVE ACTIONS.  (a)  In administering the program implemented under Section 26.366(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, shall license the geoscientist in the program.
(b)  A geoscientist licensed in the program may supervise a corrective action under this subchapter unless the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, determines that the geoscientist is not qualified to supervise a corrective action.
(c)  A geoscientist licensed under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary proceedings.
(d)  The commission may not adopt minimum qualifications for a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, to contract with an eligible owner or operator to supervise a corrective action under this subchapter.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.401. Legislative Findings

Sec. 26.401.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that:
(1)  in order to safeguard present and future groundwater supplies, usable and potentially usable groundwater must be protected and maintained;
(2)  protection of the environment and public health and welfare requires that groundwater be kept reasonably free of contaminants that interfere with present and potential uses of groundwater;
(3)  groundwater contamination may result from many sources, including current and past oil and gas production and related practices, agricultural activities, industrial and manufacturing processes, commercial and business endeavors, domestic activities, and natural sources that may be influenced by or may result from human activities;
(4)  the various existing and potential groundwater uses are important to the state economy;  and
(5)  aquifers vary both in their potential for beneficial use and in their susceptibility to contamination.
(b)  The legislature determines that, consistent with the protection of the public health and welfare, the propagation and protection of terrestrial and aquatic life, the protection of the environment, the operation of existing industries, and the maintenance and enhancement of the long-term economic health of the state, it is the goal of groundwater policy in this state that the existing quality of groundwater not be degraded.  This goal of nondegradation does not mean zero-contaminant discharge.
(c)  It is the policy of this state that:
(1)  discharges of pollutants, disposal of wastes, or other activities subject to regulation by state agencies be conducted in a manner that will maintain present uses and not impair potential uses of groundwater or pose a public health hazard;  and
(2)  the quality of groundwater be restored if feasible.
(d)  The legislature recognizes the important role of the use of the best professional judgment of the responsible state agencies in attaining the groundwater goal and policy of this state.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.402. Definition

Sec. 26.402.  DEFINITION.  In this subchapter, "committee" means the Texas Groundwater Protection Committee.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.295, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.403. Creation and Membership of Texas Groundwater Protection Committee

Sec. 26.403.  CREATION AND MEMBERSHIP OF TEXAS GROUNDWATER PROTECTION COMMITTEE.  (a)  The Texas Groundwater Protection Committee is created as an interagency committee to coordinate state agency actions for the protection of groundwater quality in this state.
(b)  The commission is designated as the lead agency for the committee and shall administer the activities of the committee.
(c)  The committee is composed of:
(1)  the executive director of the commission;
(2)  the executive administrator of the Texas Water Development Board;
(3)  the executive director of the Railroad Commission of Texas;
(4)  the commissioner of health of the Texas Department of Health;
(5)  the deputy commissioner of the Department of Agriculture;
(6)  the executive director of the State Soil and Water Conservation Board;
(7)  the Director of the Texas Agricultural Experiment Station;
(8)  the director of the Bureau of Economic Geology of The University of Texas at Austin;
(9)  a representative selected by the Texas Alliance of Groundwater Districts;  and
(10)  a representative of the Water Well Drillers and Water Well Pump Installers Program of the Texas Department of Licensing and Regulation selected by the executive director of the department.
(d)  Each member of the committee listed in Subsections (c)(1) through (8) of this section may designate a personal representative from the member's agency to represent the member on the committee, but that designation does not relieve the member of responsibility for the acts and decisions of the representative.
(e)  The executive director of the commission shall serve as chairman, and the executive administrator of the Texas Water Development Board shall serve as vice-chairman of the committee.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 77, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 72, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.404. Administration

Sec. 26.404.  ADMINISTRATION.  (a)  The committee shall meet not less than once each calendar quarter at a time determined by the committee and at the call of the chairman.
(b)  Each member of the committee serves on the committee as an additional duty of the member's office and is not entitled to compensation for service on the committee.
(c)  Each member of the committee may receive reimbursement for actual and necessary expenses in carrying out committee responsibilities as provided by legislative appropriations.  Each member who is a representative of a state agency shall be reimbursed from the money budgeted to the member's state agency.
(d)  Each agency listed in Sections 26.403(c)(1) through (8) of this code that is represented on the committee shall provide staff as necessary to assist the committee in carrying out its responsibilities.
(e)  The committee is subject to Chapter 2001, Government Code, Chapter 551, Government Code, and Chapter 552, Government Code.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 77, Sec. 2, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (82), (88), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.405. Powers and Duties of Committee

Sec. 26.405.  POWERS AND DUTIES OF COMMITTEE.  The committee shall, on a continuing basis:
(1)  coordinate groundwater protection activities of the agencies represented on the committee;
(2)  develop and update a comprehensive groundwater protection strategy for the state that provides guidelines for the prevention of contamination and for the conservation of groundwater and that provides for the coordination of the groundwater protection activities of the agencies represented on the committee;
(3)  study and recommend to the legislature groundwater protection programs for each area in which groundwater is not protected by current regulation;
(4)  file with the governor, lieutenant governor, and speaker of the house of representatives before the date that each regular legislative session convenes a report of the committee's activities during the two preceding years and any recommendations for legislation for groundwater protection;  and
(5)  publish the joint groundwater monitoring and contamination report required by Section 26.406(c) of this code.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.406. Groundwater Contamination Information and Reports; Rules

Sec. 26.406.  GROUNDWATER CONTAMINATION INFORMATION AND REPORTS;  RULES.  (a)  Each state agency having responsibilities related to the protection of groundwater shall maintain a public file of all documented cases of groundwater contamination that are reasonably suspected of having been caused by activities regulated by the agency.
(b)  For purposes of this section, the agencies identified as having responsibilities related to protection of groundwater include the commission, the Department of Agriculture, the Railroad Commission of Texas, and the State Soil and Water Conservation Board.
(c)  In conjunction with the commission, the committee shall publish not later than April 1 of each year a joint groundwater monitoring and contamination report covering the activities and findings of the committee made during the previous calendar year.  The report must:
(1)  describe the current status of groundwater monitoring programs conducted by or required by each agency at regulated facilities or in connection with regulated activities;
(2)  contain a description of each case of groundwater contamination documented during the previous calendar year and of each case of groundwater contamination documented during previous periods for which enforcement action was incomplete at the time of issuance of the preceding report;  and
(3)  indicate the status of enforcement action for each case of groundwater contamination that is included in the report.
(d)  The committee shall adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the joint report required by this section.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.296, eff. Sept. 1, 1995.