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.