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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a fee by the Texas Commission on |
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Environmental Quality for the investigation of certain complaints. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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by adding Section 5.1774 to read as follows: |
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Sec. 5.1774. FEES FOR MULTIPLE COMPLAINTS. (a) The |
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commission shall charge a person who files a complaint a fee before |
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the commission investigates the complaint if, in the same calendar |
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year in which the complaint is filed, the person has filed at least |
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three complaints with the commission for which neither the |
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commission nor a local enforcement official took enforcement action |
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before closing the file on the complaint. |
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(b) The commission by rule shall establish for each type of |
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complaint a fee amount to be charged under Subsection (a) that the |
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commission estimates is less than or equal to the cost to the |
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commission of investigating most complaints of that type. |
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(c) The commission may waive the fee required by Subsection |
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(a) for good cause. |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall adopt the rules required by Section 5.1774, Water |
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Code, as added by this Act, as soon as practicable after the |
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effective date of this Act. |
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(b) Section 5.1774, Water Code, as added by this Act, |
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applies only to a complaint filed on or after the effective date of |
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the rules adopted under that section. The Texas Commission on |
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Environmental Quality may not consider a complaint filed before the |
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effective date of the rules for the purposes of determining whether |
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to charge a fee under Section 5.1774(a), Water Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |