Client Alert: New Benefit for Buyers: Texas Extends Eligibility for Audit Program Benefits to New Owners

Under the recently amended Texas Environmental, Health, and Safety Audit Privilege Act (the “Act”), new owners may be eligible for immunity from civil and administrative penalties for environmental, health, and safety violations discovered during a due diligence review.  Previously, the benefits of the Act’s audit program were not available to a new owner with respect to compliance issues discovered before the new owner took ownership of a facility.