Sec. 91.660. PERSONS RELEASED FROM LIABILITY. (a) A person who is not a responsible person under Section 91.113 at the time the person applies to perform a voluntary cleanup:
(1) does not become a responsible person solely because the person signs the application; and
(2) is released, on certification under Section 91.659, from all liability to the state for cleanup of areas of the site covered by the certification, except for releases and consequences that the person causes.
(b) A person who is not a responsible person under Section 91.113 at the time the commission issues a certificate of completion under Section 91.659 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.
(c) The release from liability provided by this section does not apply to a person who:
(1) caused or contributed to the contamination at the site covered by the certificate;
(2) acquires a certificate of completion by fraud, misrepresentation, or knowing failure to disclose material information;
(3) 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 (2); or
(4) 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.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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