Enrolled Bill Summary

            Senate Bill 1265 amends provisions of the Water Code relating to the criminal prosecution of alleged environmental violations of the Water Code, Health and Safety Code, or of any other statute, rule, order, permit, or other decision of the Texas Commission on Environmental Quality. The provisions of the bill apply only to cases in which the potential defendant holds a permit issued by the commission or is employed by a person holding such a permit. The bill requires a peace officer, before referring an alleged environmental violation to a prosecuting attorney for criminal prosecution, to notify the commission in writing of the alleged violation and to include a report describing the facts and circumstances of the alleged violation. The bill requires the commission to evaluate the report within a certain period of time and verify whether an alleged violation exists and if administrative or civil remedies would adequately address it. If the commission makes a determination that an alleged violation exists and that administrative or civil remedies are inadequate to address it, the commission is required to notify the peace officer in writing of the reasons why the remedies are inadequate, and the prosecuting attorney is authorized to proceed with criminal prosecution. The bill specifies that these provisions do not apply to an alleged violation that involves imminent danger of death or bodily injury under an endangerment offense and that nothing in the provisions limits the power of a peace officer to arrest a person for an alleged offense.