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 * * * * *