Section 361.6035 - [See note for effective date] Eligibility of Certain Persons for Release From LiabilityText of section effective upon agreement with United States Environmental Protection Agency
(a) A person who purchased a site before September 1, 1995, is released, on certification under Section 361.609, from all liability to the state for cleanup of contamination that was released at the site covered by the certificate before the purchase date, except for releases or consequences that the person contributed to or caused, if: (1) the person did not operate the site, or any portion of the site, before the purchase date; and(2) another person that is a responsible party under Section 361.271 or 361.275(g) successfully completes a voluntary cleanup of the site under this subchapter.(b) A person described by Subsection (a)(2): (1) remains liable to the state for any contamination that was released at the site before the date the certificate is issued; and(2) is not liable to the state for any contamination that was released at the site after the date the certificate is issued unless the person: (A) contributes to or causes the release of contamination; or(B) changes the land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.Tex. Health and Safety Code § 361.6035
Added by Acts 1997, 75th Leg., ch. 855, Sec. 3; Acts 1997, 75th Leg., ch. 1418, Sec. 2, eff. the later of; 9/1/1997, or the date the Texas Natural Resource Conservation Commission enters into a memorandum of agreement with the United States Environmental Protection Agency, Region 6, authorizing the inclusion of certain potentially responsible parties to the group of persons eligible to participate in the voluntary cleanup program established by Subchapter S, Chapter 361, Health and Safety Code, as added by Chapter 986, Acts of the 74th Legislature, Regular Session, 1995..