74R7762 PAM-F
          By Cuellar of Webb                                     H.B. No. 283
          Substitute the following for H.B. No. 283:
          By Kuempel                                         C.S.H.B. No. 283
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of certain constables to enforce
    1-3  environmental laws affecting the Rio Grande.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 86, Local Government Code, is amended by
    1-6  adding Subchapter D to read as follows:
    1-7             SUBCHAPTER D.  POWERS AND DUTIES RELATING TO
    1-8                ENVIRONMENTAL PROTECTION OF RIO GRANDE
    1-9        Sec. 86.041.  LEGISLATIVE FINDING.  The legislature finds
   1-10  that ensuring a high standard of water quality for the Rio Grande
   1-11  is a matter of concern to the entire state.
   1-12        Sec. 86.042.  COUNTY SUBJECT TO SUBCHAPTER.  This subchapter
   1-13  applies only to a county:
   1-14              (1)  that borders the Rio Grande; and
   1-15              (2)  in which the commissioners court determines by
   1-16  order that the public health, safety, and welfare require that the
   1-17  powers and duties prescribed by this subchapter be given to
   1-18  constables of the county.
   1-19        Sec. 86.043.  AUTHORITY TO INVESTIGATE.  (a)  A constable may
   1-20  cooperate in an investigation with other environmental enforcement
   1-21  agencies if the constable:
   1-22              (1)  consults employees of the Texas Natural Resource
   1-23  Conservation Commission in the county regarding the violation; and
   1-24              (2)  has completed certified training each year in
    2-1  environmental science and environmental regulation that is
    2-2  equivalent to the amount of training received by Texas Natural
    2-3  Resource Conservation Commission inspectors in a course approved or
    2-4  conducted by the commission.
    2-5        (b)  The training required by Subsection (a)(2) must be
    2-6  designed and certified by the Texas Natural Resource Conservation
    2-7  Commission to yield a level of knowledge equivalent to that
    2-8  possessed by a Texas Natural Resource Conservation Commission
    2-9  inspector.  At a minimum, the training must include pre-inspection,
   2-10  basic inspector, and continuing training.  The Texas Natural
   2-11  Resource Conservation Commission may assess a fee against the
   2-12  county to recover the costs of training a constable under this
   2-13  section.
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.