Texas § HS.361.1875 - EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES
Full text of Texas The Texas Constitution § HS.361.1875 — EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES, with citation guidance and answers to common questions.
§ HS.361.1875. EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES
EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES. (a) The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that: (1) the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person; (2) additional corrective action is not required at the site owned or operated by the person; and (3) the commission will not undertake a formal enforcement action in the matter. (b) The commission may not name a land bank established under Chapter 379C , Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that: (1) the contaminants that are the subject of investigation under this subchapter: (A) appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or (B) appear to have been present on the site before the land bank purchased the site; and (2) the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site. Added by Acts 2001, 77th Leg., ch. 965, Sec. 11.01, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742 ), Sec. 1, eff. September 1, 2007.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.361.1875
What does The Texas Constitution § HS.361.1875 cover?
Section HS.361.1875 ("EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.361.1875?
A common citation format is "The Texas Constitution § HS.361.1875" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.361.1875 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.