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.