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.