1-1 By: Ratliff S.B. No. 1660 1-2 (In the Senate - Filed April 20, 1995; April 20, 1995, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 28, 1995, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to agreed orders of the Texas Natural Resource 1-9 Conservation Commission. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 26.136, Water Code, is amended by adding 1-12 Subsection (p) to read as follows: 1-13 (p) Notwithstanding any other provision to the contrary, the 1-14 commission is not required to make findings of fact or conclusions 1-15 of law, other than an uncontested finding that the commission has 1-16 jurisdiction, in an agreed order compromising or settling an 1-17 alleged violation of this chapter. An agreed order may include a 1-18 reservation that: 1-19 (1) the order is not an admission of a violation of 1-20 this chapter or a rule adopted under this chapter; 1-21 (2) the occurrence of a violation is in dispute; 1-22 (3) the order is not intended for use in private 1-23 litigation by a person that is not a party to the agreed order; and 1-24 (4) the order is not intended to become a part of a 1-25 party's or a facility's compliance history. 1-26 SECTION 2. Section 361.251, Health and Safety Code, is 1-27 amended by adding Subsection (v) to read as follows: 1-28 (v) Notwithstanding any other provision to the contrary, the 1-29 commission is not required to make findings of fact or conclusions 1-30 of law, other than an uncontested finding that the commission has 1-31 jurisdiction, in an agreed order compromising or settling an 1-32 alleged violation of this chapter. An agreed order may include a 1-33 reservation that: 1-34 (1) the order is not an admission of a violation of 1-35 this chapter or a rule adopted under this chapter; 1-36 (2) the occurrence of a violation is in dispute; 1-37 (3) the order is not intended for use in private 1-38 litigation by a person that is not a party to the agreed order; and 1-39 (4) the order is not intended to become a part of a 1-40 party's or a facility's compliance history. 1-41 SECTION 3. Section 361.252, Health and Safety Code, is 1-42 amended by adding Subsection (r) to read as follows: 1-43 (r) Notwithstanding any other provision to the contrary, the 1-44 commission is not required to make findings of fact or conclusions 1-45 of law, other than an uncontested finding that the commission has 1-46 jurisdiction, in an agreed order compromising or settling an 1-47 alleged violation of this chapter. An agreed order may include a 1-48 reservation that: 1-49 (1) the order is not an admission of a violation of 1-50 this chapter or a rule adopted under this chapter; 1-51 (2) the occurrence of a violation is in dispute; 1-52 (3) the order is not intended for use in private 1-53 litigation by a person that is not a party to the agreed order; and 1-54 (4) the order is not intended to become a part of a 1-55 party's or a facility's compliance history. 1-56 SECTION 4. Section 382.088, Health and Safety Code, is 1-57 amended by adding Subsection (k) to read as follows: 1-58 (k) Notwithstanding any other provision to the contrary, the 1-59 commission is not required to make findings of fact or conclusions 1-60 of law, other than an uncontested finding that the commission has 1-61 jurisdiction, in an agreed order compromising or settling an 1-62 alleged violation of this chapter. An agreed order may include a 1-63 reservation that: 1-64 (1) the order is not an admission of a violation of 1-65 this chapter or a rule adopted under this chapter; 1-66 (2) the occurrence of a violation is in dispute; 1-67 (3) the order is not intended for use in private 1-68 litigation by a person that is not a party to the agreed order; and 2-1 (4) the order is not intended to become a part of a 2-2 party's or a facility's compliance history. 2-3 SECTION 5. This Act takes effect September 1, 1995. 2-4 SECTION 6. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended. 2-9 * * * * *