CHAPTER 353. COUNTY HAZARDOUS MATERIALS SERVICES
LOCAL GOVERNMENT CODE
TITLE 11. PUBLIC SAFETY
SUBTITLE B. COUNTY PUBLIC SAFETY
CHAPTER 353. COUNTY HAZARDOUS MATERIALS SERVICES
Sec. 353.001. DEFINITIONS. In this chapter:
(1) "Concerned party" means a person:
(A) involved in the possession, ownership, or transportation of
a hazardous material that is released or abandoned; or
(B) who has legal liability for the causation of an incident
resulting in the release or abandonment of a hazardous material.
(2) "Hazardous material" means a flammable material, an
explosive, a radioactive material, a hazardous waste, a toxic
substance, or related material, including a substance defined as
a "hazardous substance," "hazardous material," "toxic substance,"
or "solid waste" under:
(A) the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601
et seq.);
(B) the federal Resource Conservation and Recovery Act of 1976
(42 U.S.C. Section 6901 et seq.);
(C) the federal Toxic Substances Control Act (15 U.S.C. Section
2601 et seq.);
(D) the federal Hazardous Materials Transportation Act (49
U.S.C. Section 5101 et seq.); or
(E) Chapter 361, Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch.
930, Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 33, eff. September 1, 2005.
Sec. 353.002. APPLICABILITY. This chapter applies to an
incident involving hazardous material that has been leaked,
spilled, released, or abandoned on any property.
Added by Acts 2005, 79th Leg., Ch.
930, Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 33, eff. September 1, 2005.
Sec. 353.003. HAZARDOUS MATERIALS SERVICES. (a) A county may
provide hazardous materials services, including a response to an
incident involving hazardous material that has been leaked,
spilled, released, or abandoned, if:
(1) the county first provides reasonable notice to a concerned
party regarding the need for the hazardous materials services so
that the concerned party has a reasonable opportunity to respond
to the incident involving hazardous material; and
(2) the concerned party fails to respond or fails to respond in
a timely and effective manner to the incident.
(b) A county may provide limited control and containment
measures that are necessary to protect human health and the
environment without first complying with the requirements of
Subsection (a) if the county is the first entity to arrive at a
site where an incident involving hazardous material has occurred
that is prepared to take action in response to the incident.
(c) If the hazardous material is natural gas released from an
underground facility as defined by Section 251.002, Utilities
Code, the county:
(1) must comply with the requirements of Section 251.159,
Utilities Code; and
(2) may not operate any equipment or other controls or devices
at the underground facility without the express permission of the
operator of the facility.
Added by Acts 2005, 79th Leg., Ch.
930, Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 33, eff. September 1, 2005.
Sec. 353.004. FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;
EXCEPTION. (a) A county, or a person authorized by contract on
the county's behalf, may charge a reasonable fee, including a fee
to offset the cost of providing control and containment measures
under Section 353.003(b), to a concerned party for responding to
a hazardous materials service call.
(b) A county, or a person authorized by contract on the county's
behalf, may charge a fee for providing hazardous materials
services under Section 353.003(a) only if the county has complied
with the requirements of that subsection. A concerned party is
not liable for a fee associated with the county's hazardous
materials services under Section 353.003(a) or a fee to offset
the cost of providing control and containment measures under
Section 353.003(b) if the county provides hazardous materials
services under Section 353.003(a) and the county does not provide
notice as required by Section 353.003(a)(1).
(c) An individual who is a concerned party does not have to pay
a fee under this section if:
(1) the individual is not involved in the possession, ownership,
or transportation of the hazardous material as the employee,
agent, or servant of another person;
(2) the individual is involved solely for private, noncommercial
purposes related to the individual's own property and the
individual receives no compensation for any services involving
the hazardous materials; and
(3) the hazardous materials possessed, owned, or being
transported by the individual are in forms, quantities, and
containers ordinarily available for sale as consumer products to
members of the general public.
Added by Acts 2005, 79th Leg., Ch.
930, Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 33, eff. September 1, 2005.
Sec. 353.005. EXEMPTION FOR GOVERNMENTAL ENTITIES. This chapter
does not apply to hazardous materials owned or possessed by a
governmental entity.
Added by Acts 2005, 79th Leg., Ch.
930, Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 33, eff. September 1, 2005.