HBA-DMD, MAJ H.B. 438 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 438
By: Turner, Bob
Land & Resource Management
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, local governments which lease property owned by the state are
required to obtain permits necessary to operate certain facilities on that
property.  The Texas Natural Resource Conservation Commission (TNRCC) has
promulgated rules to allow the TNRCC to require a state agency to be a
co-permittee, thus becoming subject to the same liability as the local
governments.  H.B. 438 prevents a state agency from requiring another state
agency to become a co-permittee with a lessee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 7, Government Code, by adding Chapter 792, as
follows: 

CHAPTER 792.  STATE AGENCY PROPERTY USED BY 
LOCAL GOVERNMENTAL ENTITY

Sec. 792.001.  DEFINITIONS.  Defines "local governmental entity" and "state
agency." 

Sec. 792.002.  USE OF STATE PROPERTY BY GOVERNMENTAL ENTITY.  

(a)  Prohibits a state agency from requiring another state agency to be a
permittee or copermittee with regard to any activity conducted on property
owned by the other state agency and leased or used by a local governmental
entity. 

(b)  Provides that a local governmental entity leasing or using property
owned by a state agency is responsible for all costs and liabilities
related to the local governmental entity's activities on the property,
including any environmental liabilities that arise during or after the term
of the lease or period of use.   

(c)  Provides that Subsections (a) and (b) do not apply if the permit is
required or the costs and liabilities arise under a state regulatory
program that is administered in place of a similar federal program and the
requirements of the state program are equal to or less stringent than the
requirements of the federal program. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.