§ 361.752 — IMMUNITY FROM LIABILITY; ACCESS TO PROPERTY.

Texas § 361.752

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

Text

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.

Legislative History

Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.