Texas Health and Safety Code 361.610 – Persons Released From Liability
(a) A person who is not a responsible party under § 361.271 or 361.275(g) at the time the person applies to perform a voluntary cleanup:
(1) does not become a responsible party solely because the person signs the application; and
(2) is released, on certification under § 361.609, from all liability to the state for cleanup of areas of the site covered by the certificate, except for releases and consequences that the person causes.
(b) A person who is not a responsible party under § 361.271 or 361.275(g) at the time the commission issues a certificate of completion under § 361.609 is released, on issuance of the certificate, from all liability to the state for cleanup of areas of the site covered by the certificate, except for releases and consequences that the person causes.
Terms Used In Texas Health and Safety Code 361.610
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The release from liability provided by this section does not apply to a person who:
(1) acquires a certificate of completion by fraud, misrepresentation, or knowing failure to disclose material information;
(2) knows at the time the person acquires an interest in the site for which the certificate of completion was issued that the certificate was acquired in a manner provided by Subdivision (1); or
(3) changes 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.