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Quick Facts

  • The Texas Legislature passed the Texas Environmental, Safety, and Health Audit Privilege Act in 1995-one of the first and most comprehensive of its type.
  • In Texas, EHS audits provide immunity from administrative and civil penalties for violations properly disclosed and promptly corrected.
  • Both the Texas Commission on Environmental Quality and the Railroad Commission of Texas have published guidance on EHS audits for matters subject to their enforcement.
  • Current facility operators and prospective facility purchasers can use EHS audits; prospective purchasers who initiate an audit prior to closing the transaction can receive immunity for matters that began before acquisition but could not be corrected until after closing.

Attorney Spotlight

Featured Resource

A Conversation with Jim Smith about EHS Audits

Jim Smith, who principally focuses on environmental matters including counseling, supporting transactions, and trying cases, answers questions around environmental EHS audits.