{"data":{"id":"us-tx/tex.-health-and-safety-code-1101.152","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 1101.152","heading":"NATURE OF VOLUNTARY DISCLOSURE.","body":"(a) A disclosure is voluntary for purposes of this subchapter only if:\n(1) the disclosure was made:\n(A) promptly after knowledge of the information disclosed is obtained by the person making the disclosure; or\n(B) not later than the 45th day after the acquisition closing date, if the violation was discovered during an audit conducted before the acquisition closing date by a person considering the acquisition of the regulated facility or operation;\n(2) the disclosure was made in writing by certified mail to an agency that has regulatory authority with regard to the violation disclosed;\n(3) an investigation of the violation was not initiated or the violation was not independently detected by an agency with enforcement jurisdiction before the disclosure was made using certified mail;\n(4) the disclosure arises out of a voluntary environmental or health and safety audit;\n(5) the person making the disclosure initiates an appropriate effort to achieve compliance, pursues that effort with due diligence, and corrects the noncompliance within a reasonable time;\n(6) the person making the disclosure cooperates with the appropriate agency in connection with an investigation of the issues identified in the disclosure; and\n(7) the violation did not result in:\n(A) injury or imminent and substantial risk of serious injury to one or more persons at the site; or\n(B) off-site substantial actual harm or imminent and substantial risk of harm to persons, property, or the environment.\n(b) For a disclosure described by Subsection (a)(1)(B), the person making the disclosure must certify in the disclosure that before the acquisition closing date:\n(1) the person was not responsible for the environmental, health, or safety compliance at the regulated facility or operation that is subject to the disclosure;\n(2) the person did not have the largest ownership share of the seller;\n(3) the seller did not have the largest ownership share of the person; and\n(4) the person and the seller did not have a common corporate parent or a common majority interest owner.\n(c) A disclosure is not voluntary for purposes of this subchapter if the disclosure is a report to a regulatory agency required solely by a specific condition of an enforcement order or decree.\nAdded by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.","path":["HEALTH AND SAFETY CODE","TITLE 13. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT","CHAPTER 1101. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT","SUBCHAPTER D. VOLUNTARY DISCLOSURE; IMMUNITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1101.htm#1101.152","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"13da87f4c3963e93ace2efeff877dd054a478374a9015c71c9632dd04d685456","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-1101.151","next":"us-tx/tex.-health-and-safety-code-1101.153"},"notice":"GroundRules: Original legal text. Not legal advice."}