BILL ANALYSIS



C.S.H.B. 2049
By: Jackson
3-14-95
Committee Report (Substituted)


BACKGROUND

The Gulf Coast Waste Disposal Authority (GCA) operates a publicly-owned treatment works program, in which it accepts wastewater
discharges from industrial and domestic sources for treatment.  The
Environmental Protection Agency (EPA) approves the GCA's
pretreatment program, and requires that it meet certain criteria. 
EPA has determined that the current language of GCA's statute does
not provide sufficient penalty authority, since it currently
provides a penalty of no more than $1,000 for each day of
violation.  EPA is requiring GCA to have a penalty authority of no
more than $1000 a day, for each violation in order to have an
approvable treatment program.

PURPOSE

HB 2049 changes the GCA's penalty authority from no more than
$1,000 for each day of violation to no more than $1,000 a day for
each violation.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.05 (a), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969 as follows:

     (a)  Changes language to clearly give the GCA the authority to
impose a maximum penalty of $1,000 a day for each violation.

SECTION 2.     Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 2049 as filed changed the penalty to no more than $1000 for each
violation or for each day of a continuing violation; the Committee
Substitute changes the maximum penalty to no more than $1000 a day
for each violation.

SUMMARY OF COMMITTEE ACTION

HB 2049 was considered by the House Committee on Environmental
Regulation in a public hearing on March 14, 1995.  The following
persons testified in favor of the bill:
     R. Kinnan Goleman, representing the Gulf Coast Waste Disposal
Authority.
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.  HB 2049 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 seven (7) ayes, no (0) nays, no (0)
pnv, and two (2) absent.