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                               * * * * *