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.