By: Ratliff S.B. No. 1660
A BILL TO BE ENTITLED
AN ACT
1-1 relating to agreed orders of the Texas Natural Resource
1-2 Conservation Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 26.136, Water Code, is amended by adding
1-5 Subsections (p) and (q) to read as follows:
1-6 (p) Notwithstanding any other provision to the contrary, the
1-7 commission is not required to make findings of fact or conclusions
1-8 of law, other than an uncontested finding that the commission has
1-9 jurisdiction, in an agreed order compromising or settling an
1-10 alleged violation of this chapter. An agreed order may include a
1-11 reservation that:
1-12 (1) the order is not an admission of a violation of
1-13 this chapter or a rule adopted under this chapter;
1-14 (2) the occurrence of a violation is in dispute; or
1-15 (3) the order is not intended to become a part of a
1-16 party's or a facility's compliance history.
1-17 (q) An agreed administrative order issued by the commission
1-18 shall not be admissible against a party to that order in a civil
1-19 proceeding, unless the proceeding is brought by the attorney
1-20 general's office to:
1-21 (1) enforce the terms of that order; or
1-22 (2) pursue violations of this code or the Health and
1-23 Safety Code.
1-24 SECTION 2. Section 361.251, Health and Safety Code, is
2-1 amended by adding Subsections (v) and (w) to read as follows:
2-2 (v) Notwithstanding any other provision to the contrary, the
2-3 commission is not required to make findings of fact or conclusions
2-4 of law, other than an uncontested finding that the commission has
2-5 jurisdiction, in an agreed order compromising or settling an
2-6 alleged violation of this chapter. An agreed order may include a
2-7 reservation that:
2-8 (1) the order is not an admission of a violation of
2-9 this chapter or a rule adopted under this chapter;
2-10 (2) the occurrence of a violation is in dispute; or
2-11 (3) the order is not intended to become a part of a
2-12 party's or a facility's compliance history.
2-13 (w) An agreed administrative order issued by the commission
2-14 shall not be admissible against a party to that order in a civil
2-15 proceeding, unless the proceeding is brought by the attorney
2-16 general's office to:
2-17 (1) enforce the terms of that order; or
2-18 (2) pursue violations of the Water Code or this code.
2-19 SECTION 3. Section 361.252, Health and Safety Code, is
2-20 amended by adding Subsections (r) and (s) to read as follows:
2-21 (r) Notwithstanding any other provision to the contrary, the
2-22 commission is not required to make findings of fact or conclusions
2-23 of law, other than an uncontested finding that the commission has
2-24 jurisdiction, in an agreed order compromising or settling an
2-25 alleged violation of this chapter. An agreed order may include a
2-26 reservation that:
2-27 (1) the order is not an admission of a violation of
3-1 this chapter or a rule adopted under this chapter;
3-2 (2) the occurrence of a violation is in dispute; or
3-3 (3) the order is not intended to become a part of a
3-4 party's or a facility's compliance history.
3-5 (s) An agreed administrative order issued by the commission
3-6 shall not be admissible against a party to that order in a civil
3-7 proceeding, unless the proceeding is brought by the attorney
3-8 general's office to:
3-9 (1) enforce the terms of that order; or
3-10 (2) pursue violations of the Water Code or this code.
3-11 SECTION 4. Section 382.088, Health and Safety Code, is
3-12 amended by adding Subsections (k) and (l) to read as follows:
3-13 (k) Notwithstanding any other provision to the contrary, the
3-14 commission is not required to make findings of fact or conclusions
3-15 of law, other than an uncontested finding that the commission has
3-16 jurisdiction, in an agreed order compromising or settling an
3-17 alleged violation of this chapter. An agreed order may include a
3-18 reservation that:
3-19 (1) the order is not an admission of a violation of
3-20 this chapter or a rule adopted under this chapter;
3-21 (2) the occurrence of a violation is in dispute; or
3-22 (3) the order is not intended to become a part of a
3-23 party's or a facility's compliance history.
3-24 (l) An agreed administrative order issued by the commission
3-25 shall not be admissible against a party to that order in a civil
3-26 proceeding, unless the proceeding is brought by the attorney
3-27 general's office to:
4-1 (1) enforce the terms of that order; or
4-2 (2) pursue violations of the Water Code or this code.
4-3 SECTION 5. This Act takes effect September 1, 1995.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.