(a) Authorization and applicability. The provisions of this section are authorized by Texas Water Code, §26.3516 (relating to Limits on Liability of Taxing Units), and apply only to taxing units as defined in the Property Tax Code, §1.04(12) that:
(1) This section applies to a taxing unit that has foreclosed an ad valorem tax lien on real property on which an underground storage tank (UST) or aboveground storage tank (AST) is located, or on any other personal property attached to or located on property on which a UST or AST is located, as security for payment of ad valorem taxes.
(2) A taxing unit is not liable as an owner or operator under this chapter solely because the taxing unit holds indicia of ownership because of a tax foreclosure sale under the Tax Code.
(b) Removal from service and corrective action requirements. If after foreclosure of an ad valorem tax lien on real property on which an AST or an UST is located, a taxing unit performs or causes to be performed any UST or AST removal from service or corrective action activities, then the taxing unit must perform corrective action in accordance with the standards and procedures outlined in Subchapter D of this chapter (relating to Release Reporting and Corrective Action).
(c) Limits on liability of a taxing unit.
(1) A taxing unit is not liable as an owner or operator under this chapter solely because the taxing unit sells, releases, liquidates, or winds up operations and takes measures to preserve, protect, or prepare the secured AST or the secured UST before the sale or other disposition of either the storage tank, the real property on which the storage tank is located, or any other personal property attached to or located on the real property on which the storage tank is located, provided that the taxing unit:
(2) A taxing unit may establish that the ownership indicia maintained after foreclosure continue to be held primarily to protect the payment of ad valorem taxes if the taxing unit either:
Source Note: The provisions of this §334.18 adopted to be effective November 23, 2000, 25 TexReg 11442