§ 361.6035 — ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE FROM LIABILITY.

Texas § 361.6035

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 361.6035. ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE FROM LIABILITY.
Text of section effective upon agreement with United States Environmental Protection Agency
(a) A person who purchased a site before September 1, 1995, is released, on certification under Section 361.609 , from all liability to the state for cleanup of contamination that was released at the site covered by the certificate before the purchase date, except for releases or consequences that the person contributed to or caused, if:
(1) the person did not operate the site, or any portion of the site, before the purchase date; and
(2) another person that is a responsible party under Section 361.271 or 361.275 (g) successfully completes a voluntary cleanup of the site under this subchapter.
(b) A person described by Subsection (a)(2):
(1) remains liable to the state for any contamination that was released at the site before the date the certificate is issued; and
(2) is not liable to the state for any contamination that was released at the site after the date the certificate is issued unless the person:
(A) contributes to or causes the release of contamination; or
(B) changes the land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.

Legislative History

Added by Acts 1997, 75th Leg., ch. 855, Sec. 3; Acts 1997, 75th Leg., ch. 1418, Sec. 2.