By Ratliff                                            S.B. No. 1660
       74R9504 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to agreed orders of the Texas Natural Resource
    1-3  Conservation Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 26.136, Water Code, is amended by adding
    1-6  Subsection (p) to read as follows:
    1-7        (p)  Notwithstanding any other provision to the contrary, the
    1-8  commission is not required to make findings of fact or conclusions
    1-9  of law, other than an uncontested finding that the commission has
   1-10  jurisdiction, in an agreed order compromising or settling an
   1-11  alleged violation of this chapter.  An agreed order may include a
   1-12  reservation that:
   1-13              (1)  the order is not an admission of a violation of
   1-14  this chapter or a rule adopted under this chapter;
   1-15              (2)  the occurrence of a violation is in dispute;
   1-16              (3)  the order is not intended for use in private
   1-17  litigation by a person that is not a party to the agreed order; and
   1-18              (4)  the order is not intended to become a part of a
   1-19  party's or a facility's compliance history.
   1-20        SECTION 2.  Section 361.251, Health and Safety Code, is
   1-21  amended by adding Subsection (v) to read as follows:
   1-22        (v)  Notwithstanding any other provision to the contrary, the
   1-23  commission is not required to make findings of fact or conclusions
   1-24  of law, other than an uncontested finding that the commission has
    2-1  jurisdiction, in an agreed order compromising or settling an
    2-2  alleged violation of this chapter.  An agreed order may include a
    2-3  reservation that:
    2-4              (1)  the order is not an admission of a violation of
    2-5  this chapter or a rule adopted under this chapter;
    2-6              (2)  the occurence of a violation is in dispute;
    2-7              (3)  the order is not intended for use in private
    2-8  litigation by a person that is not a party to the agreed order; and
    2-9              (4)  the order is not intended to become a part of a
   2-10  party's or a facility's compliance history.
   2-11        SECTION 3.  Section 361.252, Health and Safety Code, is
   2-12  amended by adding Subsection (r) to read as follows:
   2-13        (r)  Notwithstanding any other provision to the contrary, the
   2-14  commission is not required to make findings of fact or conclusions
   2-15  of law, other than an uncontested finding that the commission has
   2-16  jurisdiction, in an agreed order compromising or settling an
   2-17  alleged violation of this chapter.  An agreed order may include a
   2-18  reservation that:
   2-19              (1)  the order is not an admission of a violation of
   2-20  this chapter or a rule adopted under this chapter;
   2-21              (2)  the occurrence of a violation is in dispute;
   2-22              (3)  the order is not intended for use in private
   2-23  litigation by a person that is not a party to the agreed order; and
   2-24              (4)  the order is not intended to become a part of a
   2-25  party's or a facility's compliance history.
   2-26        SECTION 4.  Section 382.088, Health and Safety Code, is
   2-27  amended by adding Subsection (k) to read as follows:
    3-1        (k)  Notwithstanding any other provision to the contrary, the
    3-2  commission is not required to make findings of fact or conclusions
    3-3  of law, other than an uncontested finding that the commission has
    3-4  jurisdiction, in an agreed order compromising or settling an
    3-5  alleged violation of this chapter.  An agreed order may include a
    3-6  reservation that:
    3-7              (1)  the order is not an admission of a violation of
    3-8  this chapter or a rule adopted under this chapter;
    3-9              (2)  the occurence of a violation is in dispute;
   3-10              (3)  the order is not intended for use in private
   3-11  litigation by a person that is not a party to the agreed order; and
   3-12              (4)  the order is not intended to become a part of a
   3-13  party's or a facility's compliance history.
   3-14        SECTION 5.  This Act takes effect September 1, 1995.
   3-15        SECTION 6.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended.