Tex. Health & Safety Code Section 374.203
Limitation on Use of Fund for Corrective Action

(a)

In this section, “contaminated dry cleaning site” means the areal extent of soil or groundwater contamination with dry cleaning solvents.

(b)

The commission may not use money from the fund for the payment of costs in excess of $5 million for corrective action at a single contaminated dry cleaning site.

(c)

Except for dry cleaning sites that require emergency action under Section 374.152 (Investigation and Assessment of Release; Emergency Action), the commission may not use money from the fund for corrective action at a contaminated dry cleaning site unless an eligible person applies for the ranking under Section 374.154 (Ranking of Contaminated Dry Cleaning Sites) and is not otherwise ineligible for corrective action under this chapter.

(d)

The owner of a dry cleaning facility or drop station, or other person who submits the application for ranking the facility under Section 374.154 (Ranking of Contaminated Dry Cleaning Sites), shall pay as a nonrefundable deductible the first $5,000 of corrective action costs incurred because of a release from the dry cleaning facility or drop station. The commission may take corrective action regardless of whether the commission obtains the deductible.
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. 14, eff. September 1, 2005.

Source: Section 374.203 — Limitation on Use of Fund for Corrective Action, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­374.­htm#374.­203 (accessed Feb. 26, 2025).

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
Green check means up to date. Up to date

Accessed:
Feb. 26, 2025

§ 374.203’s source at texas​.gov