BILL ANALYSIS



C.S.H.B. 2386
By: Dukes
4-11-95
Committee Report (Substituted)


BACKGROUND

Reporting requirements for the Texas Natural Resource Conservation
Commission (TNRCC) are varied, and in some cases incomplete.  Eight
reports are due biennially in odd-numbered years, three biennially
in even-numbered years, and eight annually.  Some reports do not
specify recipients; some have no specific due date.  In addition,
there are reporting requirements for agencies that no longer exist. 
In its Interim Report to the 74th Legislature, the House Committee
on Environmental Regulation recommended that the reporting
requirements for TNRCC be cleaned up and consolidated.

PURPOSE

HB 2386 will consolidate reporting requirements for the TNRCC and
delete from statute reporting requirements that are obsolete.

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 5.178, Water Code, as follows:
     (a)  Requires a written annual report including an annual
     appendix detailing the income, expenditures, and programs
     funded by the used oil recycling fund.
     (b)  Requires that in odd-numbered years the annual report
     shall include recommendations for necessary legislation and
     certain appendixes which replace current various reports.

SECTION 2:  Section 26.0135 (d), Water Code, is amended to change
due date of the report that summarizes each river authority's
assessment report from December 1, even-numbered years to January
1, odd-numbered years and calls for it to be included in the
biennial appendix to the annual report.

SECTION 3:  Section 26.349 (b), Water Code, is amended to change
the annual compilation of reported releases from an annual report
to a biennial appendix in the annual report.

SECTION 4:  Section 361.020, Health and Safety Code, is amended by
adding subsection (g) which calls for the comprehensive statewide
strategic plan to be included in the biennial appendix.

SECTION 5:  Section 361.0219 (c), Health and Safety Code, is
amended to change the waste exchange plan report from annual to a
part of the biennial appendix.

SECTION 6.  Section 361.0234, Health and Safety Code is amended to
provide that the update of assessments and related rules  be
included in the biennial appendix.

SECTION 7.  Section 361.034 (a), Health and Safety Code, is amended
to include the report on municipal solid waste in the biennial
appendix.

SECTION 8.  Section 361.038, Health and Safety Code, is amended to
change the annual inspection report to be a part of the biennial
appendix.

SECTION 9.  Section 361.485, Health and Safety Code, is amended to
include the scrap tire report in the biennial appendix.

SECTION 10. Section 361.510, Health and Safety, is amended to
include the report on source reduction and waste minimization
programs in the biennial appendix.

SECTION 11. Section 371.063, Health and Safety Code, is amended to
include the report on the used oil recycling fund as an annual
appendix.

SECTION 12. Section 382.141, Health and Safety Code, is amended to
include the alternative fuels report in the biennial appendix.

SECTION 13. Section 5.02, Chapter 133, Acts of the 69th
Legislature, Regular Session, 1985, is amended to include the
report on the activities relating to the creation of underground
water districts in the biennial appendix.

SECTION 14. The first annual report is due January 1, 1997.

SECTION 15. Effective date:  September 1, 1995.

SECTION 16. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 2386, as filed, included the used oil recycling fund report in
the biennial appendix.  The Committee substitute changes it to an
annual appendix.  The committee substitute also deletes references
to "compressed natural gas" in the alternative fuels appendix in
SECTION 12, in order to conform with SB 200 which is already
passed.


SUMMARY OF COMMITTEE ACTION

HB 2386 was considered by the House Committee on Environmental
Regulation in a public hearing on March 21, 1995.  Without
objection, HB 2386 was left pending.

HB 2386 was considered by the House Committee on Environmental
Regulation in a public hearing on April 11, 1995.  The committee
considered a complete substitute for the bill.  
HB 2386 was reported favorably as substituted with the
recommendation that it do pass and be printed and sent to the
Committee on Local and Consent Calendars, by a record vote of nine
(9) ayes, no (0) nays, no (0) pnv, and no (0) absent.