| (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:
(A) did not participate in the management of either the AST
or UST, the real property on which this storage tank is located, or any other
personal property attached to or located on the real property on which the
storage tank is located, before the foreclosure of, or an equivalent action
on, either the storage tank or the real or personal property; and
(B) establishes, as provided by paragraph (2) of this subsection,
that the ownership indicia maintained after foreclosure continue to be held
primarily to protect a payment of ad valorem taxes.
(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:
(A) lists the AST, UST, or the facility or real property on
which the storage tank is located, with broker, dealer, or agent who deals
in that type of property; or
(B) advertises the AST or UST for sale or other disposition
in either:
(i) a real estate publication;
(ii) a trade or other publication appropriate for the AST or
UST being advertised; or
(iii) a newspaper of general circulation in the area in which
the AST or UST is located.
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