BILL ANALYSIS C.S.H.B. 283 By: Cuellar of Webb 03-21-95 Committee Report (Substituted) BACKGROUND Environmental problems on the border are more severe than in other areas of the state, in part because of the influx of pollution from Mexico. As a result, the physical appearance and biological quality of the Rio Grande may be threatened more so than other areas of the state. PURPOSE CSHB 283 will authorize certain constables to cooperate in an investigation with other environmental enforcement agencies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1: Chapter 86, Local Government Code, is amended by adding Subchapter D, Section 86.041, Section 86.042, and Section 86.043 as follows: Section 86.041: Legislative Finding: that ensuring a high standard of water quality for the Rio Grande is a matter of concern for the state. Section 84.042: Applies only to a county that borders the Rio Grande and in which a commissioners court determines that the proposed powers and duties be given to constables. Section 86.043 (a): Allows a constable to cooperate in an investigation with other environmental enforcement agencies if the constable consults employees of the Texas Natural Resource Conservation Commission (TNRCC) and has completed certified training. (b): Specifies that the training required for a constable to participate in the investigations must be as stringent as the requirements for a TNRCC inspector; allows the TNRCC to assess a fee for the required training. SECTION 2: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of both the filed version and the substitute add Subchapter D, Section 86.041, Section 86.042, and Section 86.043 to Chapter 86, Local Government Code, as follows: Sec. 86.041 of the filed version and Sec. 86.041 of the substitute are the same. Sec. 86.042 of the filed version and Sec. 86.042 of the substitute are the same. Sec. 86.043 of the filed version allows a constable in an applicable area to issue a citation for misdemeanor violations of environmental laws. The constable would have to consult with employees of the Texas Natural Resource Conservation Commission (TNRCC) and have completed certified training that is equivalent to the amount of training received by TNRCC inspectors, and that would yield the same level of knowledge equivalent to that received by a TNRCC inspector. The TNRCC may assess a fee against the county to recover the costs of training a constable. Sec. 86.043 of the substitute allows a constable to cooperate in an investigation with other environmental enforcement agencies if the constable consults employees of the TNRCC and has completed certified training that is equivalent to the amount of training received by TNRCC inspectors, and that would yield the same level of knowledge equivalent to that received by a TNRCC inspector. The TNRCC may assess a fee against the county to recover the costs of training a constable. Sec. 86.044 of the original enumerates what the contents of the citation should be. The substitute does not have a corresponding section. Sec. 86.045 of the original allows the court to issue a warrant for the arrest of a person who fails to appear on the return date of the citation. The substitute does not have a corresponding section. Sec. 86.046 of the original allows the constable to patrol to check for compliance with a state environmental law. The substitute has no corresponding section. Sec. 86.047 of the original allows the constable to file with an appropriate state authority information about the violation. The substitute has no corresponding section. SECTION 2 of the original and of the substitute is the Emergency clause. SUMMARY OF COMMITTEE ACTION HB 283 was considered by the House Committee on Environmental Regulation in a public hearing on February 14, 1995. The following persons testified for the bill: Dwayne "Sparky" Anderson, representing Clean Water Action Dennis Dave Garcia, Chief Deputy Constable of the Webb County Constable's Department Representative Henry Cuellar. The following persons testified against the bill: Wayne Halbert, farmer, general manager of Harlingen Irrigation District, and President of Texas Irrigation Council Durwood Tucker, representing the Texas Farm Bureau. Without objections, the chair left HB 283 pending business. HB 283 was considered by the House Committee on Environmental Regulation in a public hearing on March 21, 1995. The chair recognized Rep. Henry Cuellar to explain the bill. The committee considered a complete substitute for the bill. The committee substitute for HB 283 was adopted and HB 283 was reported favorably as substituted with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars by a record vote of six (6) ayes, no (0) nays, no (0) pnv, and three (3) absent.