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.