In September 2013, the Texas Commission on Environmental Quality updated its guidance on the use of the Texas Environmental, Health, and Safety Audit Privilege Act to reflect changes recently made by the 83rd Texas legislature to allow prospective purchasers of facilities to take advantage of the protections afforded by the Act. The Act is a powerful tool that generally allows companies willing to undertake a voluntary compliance audit and to promptly address identified violations to avoid administrative and civil penalties for those violations, provided they notify the agency of their intent to conduct the audit as well as of any violations they identify. The 83rd legislature expressly extends that protection to prospective purchasers of facilities and, among other things, allows them to notify the agency of identified violations up to 45 days after the acquisition closing date. 

The agency’s guidance is here.

Please feel free to contact us if you have any questions regarding these matters.