Sec. 374.208.  UNAUTHORIZED PAYMENTS.  (a)  The commission may pay costs from the fund under this chapter only if the costs are:
(1)  integral to corrective action for a release;  or
(2)  required for the administration or enforcement of this chapter.
(b)  The commission may not spend money from the fund:
(1)  for corrective action at a site contaminated by solvents normally used in dry cleaning operations, if the contamination did not result from the operation of a dry cleaning facility;
(2)  for corrective action at a site, other than a dry cleaning facility, that is contaminated by dry cleaning solvents that were released while being transported to or from a dry cleaning facility by a person other than the owner of the dry cleaning facility or the owner's agents or employees;  or
(3)  for the payment of any costs:
(A)  associated with a fine or penalty brought against a dry cleaning facility owner under state or federal law;  or
(B)  related to corrective action at a dry cleaning facility that:
(i)  has been included by the United States Environmental Protection Agency on the national priorities list;  or
(ii)  is a hazardous waste facility eligible for listing on the state registry under Subchapter F, Chapter 361.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.