By Truan S.B. No. 984
74R7155 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, powers, and duties of the Community
1-3 Environmental Equity Board and the creation of the community
1-4 environmental equity fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
1-7 amended by adding Chapter 374 to read as follows:
1-8 CHAPTER 374. COMMUNITY ENVIRONMENTAL EQUITY PROGRAM
1-9 Sec. 374.001. DEFINITIONS. In this chapter:
1-10 (1) "Board" means the Community Environmental Equity
1-11 Board.
1-12 (2) "Fund" means the community environmental equity
1-13 fund.
1-14 Sec. 374.002. COMMUNITY ENVIRONMENTAL EQUITY FUND. (a) The
1-15 community environmental equity fund is a special account in the
1-16 general revenue fund.
1-17 (b) The fund consists of:
1-18 (1) all administrative penalties recovered by the
1-19 commission under Chapter 361 of this code and Chapters 26, 27, and
1-20 28, Water Code, unless the penalty is required by other law to be
1-21 deposited to the credit of another special fund or account;
1-22 (2) all civil and criminal penalties and fines
1-23 recovered by the attorney general under Chapter 361 of this code
1-24 and Chapters 26, 27, and 28, Water Code, unless the penalty or
2-1 fine:
2-2 (A) is required by other law to be deposited to
2-3 the credit of another special fund or account; or
2-4 (B) is allocated by other law to a local
2-5 government or other governmental subdivision of the state;
2-6 (3) interest on money in the fund; and
2-7 (4) money from gifts, grants, or any other source
2-8 intended to be used for the purposes of this chapter.
2-9 (c) Money in the fund may be used only for providing
2-10 assistance under the community environmental equity program
2-11 established under this chapter.
2-12 (d) The board shall administer the fund as provided by this
2-13 chapter and board rule.
2-14 (e) The fund is exempt from the application of Sections
2-15 403.094 and 403.095, Government Code.
2-16 Sec. 374.003. COMMUNITY ENVIRONMENTAL EQUITY BOARD. (a)
2-17 The board consists of:
2-18 (1) the attorney general or the attorney general's
2-19 designee;
2-20 (2) the chairman of the commission;
2-21 (3) a member appointed by the speaker of the house of
2-22 representatives;
2-23 (4) the lieutenant governor or the lieutenant
2-24 governor's designee; and
2-25 (5) two members to represent the general public
2-26 appointed by the governor with the advice and consent of the
2-27 senate.
3-1 (b) The member appointed by the speaker of the house of
3-2 representatives is a nonvoting member.
3-3 (c) The members appointed by the governor serve two-year
3-4 terms ending on February 1 of each odd-numbered year.
3-5 Sec. 374.004. PRESIDING OFFICER. The members of the board
3-6 shall elect a presiding officer from among their number.
3-7 Sec. 374.005. MEETINGS. The board shall meet each calendar
3-8 quarter and at other times at the call of the presiding officer or
3-9 a majority of the members.
3-10 Sec. 374.006. COMPENSATION. Service on the board by an
3-11 officer or employee of the state is an additional duty of the
3-12 member's office or employment. A board member is not entitled to
3-13 compensation as a board member but is entitled to reimbursement of
3-14 the member's actual and necessary expenses as provided in the
3-15 General Appropriations Act for members of boards and commissions.
3-16 Sec. 374.007. STAFF. The commission and the attorney
3-17 general shall provide support staff for the board.
3-18 Sec. 374.008. POWERS AND DUTIES OF BOARD. (a) The board
3-19 shall establish and administer the community environmental equity
3-20 program to provide money for environmental projects proposed by
3-21 local governments or other eligible entities designated by rule
3-22 under Subsection (b) to assist communities and groups that have
3-23 been adversely affected by violations of environmental laws.
3-24 (b) The board by rule shall adopt standards and procedures
3-25 for administration of the community environmental equity program,
3-26 including:
3-27 (1) application procedures;
4-1 (2) criteria for determining applicant eligibility and
4-2 for processing applications;
4-3 (3) establishment of eligible project categories,
4-4 including:
4-5 (A) environmental remediation;
4-6 (B) construction, reconstruction, or remediation
4-7 of wildlife habitat;
4-8 (C) remediation of neighborhood environmental
4-9 quality;
4-10 (D) health effects studies; and
4-11 (E) environmental education;
4-12 (4) guidelines for the involvement of directly
4-13 affected communities;
4-14 (5) procedures and standards for supervision of
4-15 approved projects; and
4-16 (6) procedures and standards for financial
4-17 administration and control.
4-18 (c) In adopting rules to implement this chapter and in
4-19 reviewing applications for assistance under this chapter, the board
4-20 shall:
4-21 (1) give preference to projects that benefit a
4-22 community in which a violation that gave rise to a fine or penalty
4-23 occurred; and
4-24 (2) consider the demographic characteristics of an
4-25 affected community, including its racial, ethnic, and socioeconomic
4-26 characteristics.
4-27 (d) Sections 2001.004(3) and 2001.005, Government Code, do
5-1 not apply to the board.
5-2 SECTION 2. Section 361.251(t), Health and Safety Code, is
5-3 amended to read as follows:
5-4 (t) A penalty collected under this section shall be
5-5 deposited to the credit of the community environmental equity
5-6 <general revenue> fund.
5-7 SECTION 3. Section 361.252(q), Health and Safety Code, is
5-8 amended to read as follows:
5-9 (q) A penalty collected under this section shall be
5-10 deposited to the credit of the community environmental equity
5-11 <general revenue> fund.
5-12 SECTION 4. Section 361.223(c), Health and Safety Code, is
5-13 amended to read as follows:
5-14 (c) A civil penalty recovered in a suit first brought by a
5-15 local government or governments under this chapter shall be equally
5-16 divided between the state and the local government or governments
5-17 that first brought the suit, and the state shall deposit its
5-18 recovery in the state treasury to the credit of the community
5-19 environmental equity <general revenue> fund.
5-20 SECTION 5. Section 26.126, Water Code, is amended to read as
5-21 follows:
5-22 Sec. 26.126. Disposition of Civil Penalties. (a) All civil
5-23 penalties recovered in suits instituted by the State of Texas under
5-24 this chapter through the commission or the Parks and Wildlife
5-25 Department shall be deposited in the state treasury to the credit
5-26 of the community environmental equity fund <paid to the General
5-27 Revenue Fund of the State of Texas>.
6-1 (b) All civil penalties recovered in suits instituted by a
6-2 local government or governments under this chapter shall be equally
6-3 divided between the State of Texas and the local government or
6-4 governments first instituting the suit, with 50 percent of the
6-5 recovery to be deposited in the state treasury to the credit of the
6-6 community environmental equity fund <paid to the General Revenue
6-7 Fund of the State of Texas> and the other 50 percent paid equally
6-8 to the local government or governments first instituting the suit.
6-9 SECTION 6. Section 26.136(m), Water Code, is amended to read
6-10 as follows:
6-11 (m) A penalty collected under this section shall be
6-12 deposited in the State Treasury to the credit of the community
6-13 environmental equity fund <General Revenue Fund>.
6-14 SECTION 7. Section 27.1015(m), Water Code, is amended to
6-15 read as follows:
6-16 (m) A penalty collected under this section shall be
6-17 deposited in the State Treasury to the credit of the community
6-18 environmental equity fund <General Revenue Fund>.
6-19 SECTION 8. Section 28.067(m), Water Code, is amended to read
6-20 as follows:
6-21 (m) A penalty collected under this section shall be
6-22 deposited in the State Treasury to the credit of the community
6-23 environmental equity fund <General Revenue Fund>.
6-24 SECTION 9. (a) This Act takes effect September 1, 1995.
6-25 (b) The change in law made by Section 374.002(b), Health and
6-26 Safety Code, as added by this Act, applies only to amounts awarded
6-27 and payable to the state on or after September 1, 1995.
7-1 (c) The Community Environmental Equity Board may not grant
7-2 assistance to a local government under Chapter 374, Health and
7-3 Safety Code, as added by this Act, before September 1, 1996.
7-4 SECTION 10. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.