73R7121 CAG-F
By Earley H.B. No. 656
Substitute the following for H.B. No. 656:
By Saunders C.S.H.B. No. 656
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the calculation of costs of environmental mandates for
1-3 local governments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Comprehensive Environmental Mandate Act.
1-7 SECTION 2. DEFINITIONS. In this Act:
1-8 (1) "Environmental mandate" means a statute or state
1-9 agency rule that requires a local government to modify its water
1-10 quality, air quality, or solid waste activities in a way that
1-11 requires it to make additional expenditures or restricts its
1-12 ability to raise revenues and that imposes a penalty for
1-13 noncompliance. The term does not include a permit, permit
1-14 amendment, or enforcement order or a statute or agency rule
1-15 required by federal law to the extent the statute or agency rule
1-16 does not exceed minimum federal requirements.
1-17 (2) "Local government" means a county or municipality.
1-18 (3) "Preparing agency" means the comptroller of public
1-19 accounts.
1-20 SECTION 3. FISCAL NOTE CONTENTS AND PREPARATION. (a) The
1-21 probable cost stated in a fiscal note prepared under this Act shall
1-22 be in numeric form unless insufficient information exists to
1-23 produce a numerical estimate. If insufficient information exists
2-1 to produce a numerical estimate, the preparing agency shall provide
2-2 a written description of the likely impacts of the environmental
2-3 mandate in language that is as precise as the preparing agency is
2-4 able to provide, including sample costs for affected local
2-5 governments, if available.
2-6 (b) A state agency shall cooperate with the preparing agency
2-7 when requested by the director of the preparing agency and may
2-8 offer an opinion on the benefit of the environmental mandate.
2-9 (c) The preparing agency may use information supplied by any
2-10 person, agency, organization, or governmental unit that the
2-11 preparing agency finds reliable.
2-12 (d) The preparing agency may offer an opinion on the
2-13 benefit of the environmental mandate.
2-14 SECTION 4. PROPOSED LEGISLATION CONTAINING ENVIRONMENTAL
2-15 MANDATES. (a) The presiding officer of a legislative committee to
2-16 which a bill containing an environmental mandate is referred shall
2-17 submit the bill to the preparing agency for preparation of a fiscal
2-18 note to analyze the probable fiscal effects of the mandate on local
2-19 governments. If the preparing agency determines that the bill does
2-20 not contain an environmental mandate, it shall inform the committee
2-21 in writing, and that determination is final.
2-22 (b) A committee to which a bill containing an environmental
2-23 mandate is referred may not vote on a bill unless it is accompanied
2-24 by a fiscal note that complies with this Act. If the bill is
2-25 enacted, the legislator who is the author of the bill shall ensure
3-1 that the bill is accompanied by an adjusted fiscal note when
3-2 enrolled.
3-3 SECTION 5. RULES OF TEXAS NATURAL RESOURCE CONSERVATION
3-4 COMMISSION. (a) A state agency rule that contains an
3-5 environmental mandate may not be adopted by the Texas Natural
3-6 Resource Conservation Commission or its successor unless it is
3-7 accompanied, at the time it is proposed, by a fiscal note that
3-8 informs the public, local governments, and the legislative and
3-9 executive branches of state government of the probable cost of the
3-10 environmental mandate on local governments. An agency may offer an
3-11 opinion concerning the benefit of the mandate.
3-12 (b) The fiscal note shall be prepared in the manner
3-13 described by Section 3 of this Act.
3-14 (c) The fiscal note shall be prepared by the Texas Natural
3-15 Resource Conservation Commission or its successor and shall be
3-16 published in the Texas Register with the proposed rule. If
3-17 adopted, the rule shall be accompanied by an adjusted fiscal note
3-18 when the notice of adoption is published in the Texas Register.
3-19 (d) A rule that imposes an environmental mandate on local
3-20 governments may not be adopted by the Texas Natural Resource
3-21 Conservation Commission or its successor on an emergency basis.
3-22 This subsection does not prevent or inhibit the commission's
3-23 ability to issue an emergency order or rule necessary in the
3-24 judgment of the commission to prevent loss of life, serious injury,
3-25 severe property damage, or severe economic loss.
4-1 SECTION 6. DELAYED IMPLEMENTATION DATES. The legislature
4-2 and the Texas Natural Resource Conservation Commission shall
4-3 consider the effect of any proposed environmental mandate on the
4-4 annual budget requirements and restrictions of local governments.
4-5 To allow local governments to plan and prepare adequate annual
4-6 budgets, an environmental mandate enacted by the legislature in
4-7 compliance with this subchapter may not become effective for local
4-8 governments before one year after the date the legislature adjourns
4-9 sine die at the regular or special session in which the mandate is
4-10 enacted. A rule of the Texas Natural Resource Conservation
4-11 Commission containing an environmental mandate may not become
4-12 effective for local governments before six months after the date
4-13 the state agency rule is adopted.
4-14 SECTION 7. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.