Local Government Code § 353.003

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 (H.B. 580), Sec. 1, eff. September 1, 2005. Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.