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.