Tex. Health & Safety Code Section 374.202
Owner Responsibility


(a)

The commission may hold an owner responsible for up to 100 percent of the costs of corrective action attributable to the owner if the commission finds, after notice and an opportunity for a hearing that:

(1)

requiring the owner to bear the responsibility will not prejudice another owner or person who is eligible, under this chapter, to have corrective action costs paid by the fund; and

(2)

the owner:

(A)

caused a release by operating practices contrary to those generally in use at the time of the release;

(B)

is in arrears for money owed under this chapter, after notice and an opportunity to correct the arrearage;

(C)

obstructed the efforts of the commission to carry out its obligations under this chapter other than by the exercise of the owner’s legal rights;

(D)

caused or allowed the release because of a material violation of the performance standards established by this chapter or the rules adopted by the commission under this chapter; or

(E)

has more than once violated Section 374.151 (Response to Release) or related commission rules.

(b)

To the extent that an owner is responsible for corrective action costs under this subsection, the owner is not entitled to the exemption under Section 374.207 (Eligible Owner or Registered Person Exempt from Certain Claims).

(c)

The commission, or the attorney general at the request of the commission, may bring a civil action to recover any amounts owed to the commission under this section. The commission or attorney general, as applicable, may recover court costs, the costs of preparing for litigation, and reasonable attorney’s fees incurred in an action brought under this section. An owner is jointly and severally liable with any other defendant for the entire amount of costs.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 13, eff. September 1, 2005.

Source: Section 374.202 — Owner Responsibility, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­374.­htm#374.­202 (accessed Jun. 5, 2024).

361
Solid Waste Disposal Act
362
Solid Waste Resource Recovery Financing Act
363
Municipal Solid Waste
364
County Solid Waste
365
Litter
366
On-site Sewage Disposal Systems
367
On-site Wastewater Treatment Research
368
County Regulation of Transportation of Waste
369
Plastic Containers
370
Toxic Chemical Release Reporting
371
Used Oil Collection, Management, and Recycling
372
Environmental Performance Standards for Plumbing Fixtures
373
Water Conservation
374.001
Definitions
374.002
Applicability of Other Law
374.003
Applicability to Governmental Bodies
374.004
Advisory Committee
374.051
Commission Rules and Standards
374.052
Facility Retrofitting
374.053
Performance Standards for New Dry Cleaning Facilities
374.054
Completion Criteria
374.055
Criteria for Administration of Chapter
374.056
Report to Governor and Legislature
374.101
Dry Cleaning Facility Release Fund
374.102
Dry Cleaning Facility or Drop Station Registration
374.103
Fee on Purchase of Dry Cleaning Solvent
374.104
Option Not to Participate in Fund Benefits
374.151
Response to Release
374.152
Investigation and Assessment of Release
374.153
Corrective Action
374.154
Ranking of Contaminated Dry Cleaning Sites
374.155
Power to Modify Commission Rankings or Postpone Corrective Actions
374.202
Owner Responsibility
374.203
Limitation on Use of Fund for Corrective Action
374.204
Limitation on Liability
374.205
Limitation on Use of Fund for Third Parties
374.206
Use of Other Sources of Money
374.207
Eligible Owner or Registered Person Exempt from Certain Claims
374.208
Unauthorized Payments
374.251
Review of Orders
374.252
Violations
374.253
Expiration
374.1022
Registration of Property Owner or Preceding Property Owner
374.1023
Lien
374.1535
Site Restrictions After Corrective Action
374.2511
Closure of Unregistered Facility

Accessed:
Jun. 5, 2024

§ 374.202’s source at texas​.gov