Section 361.1875 - Exclusion of Certain Potentially Responsible Parties(a) The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that: (1) the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;(2) additional corrective action is not required at the site owned or operated by the person; and(3) the commission will not undertake a formal enforcement action in the matter.(b) The commission may not name a land bank established under Chapter 379C, Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:(1) the contaminants that are the subject of investigation under this subchapter: (A) appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or(B) appear to have been present on the site before the land bank purchased the site; and(2) the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.Tex. Health and Safety Code § 361.1875
Amended By Acts 2007, 80th Leg., R.S., Ch. 1034, Sec. 1, eff. 9/1/2007.Added by Acts 2001, 77th Leg., ch. 965, Sec. 11.01, eff. 9/1/2001.