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.