ACG H.B. 1131 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 1131 By: Puente 4-8-97 Committee Report (Substituted) BACKGROUND The "Crimestoppers" incentive program has proved to be an effective method for bringing to police information concerning criminal activities that might not have otherwise been brought to light. A similar public incentive system for reporting violations of environmental laws should prove effective in providing the Texas Natural Resource Conservation Commission (commission) with information that contributes to obtaining criminal convictions or the assessment of penalties for violation of the law. PURPOSE C.S.H.B. 1131 requires the Attorney General to establish and maintain an environmental hotline for receiving reports of violations or suspected violations of environmental laws. This bill also requires payment to be made to the person who reports information that substantially contributes to a conviction or assessment of fines or penalties. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants rulemaking authority in SECTION 1 of the bill [Subchapter B, Chapter 402, Government Code, Section 402.029(b)] jointly to the Attorney General of Texas and to the Texas Natural Resource Conservation Commission. It is the committee's opinion that this bill grants rulemaking authority in SECTION 1 of the bill [Subchapter B, Chapter 402, Government Code, Section 402.029(d)] to the Attorney General of Texas, and SECTION 3 of the bill requires such rules to be adopted by a certain date. SECTION BY SECTION ANALYSIS SECTION 1: Amends Subchapter B, Chapter 402, Government Code, by adding Section 402.029 as follows: Section 402.029 (a) Requires the Attorney General, in coordination with the TNRCC, to establish and maintain a toll-free telephone line for receiving reports concerning violations and suspected violations of environmental laws. The Attorney General is also required to publicize the availability of the line. Section 402.029 (b) Requires the Attorney General, in coordination and by joint rulemaking with the TNRCC, to provide for payment to a person who reports information that substantially contributes to the obtaining of assessment of penalties for a violation of environmental laws. Requirements are set forth for the amount of payment, and stipulates that the fine or penalty ordered be attributable to information reported. Section 402.029 (c) Requires the attorney in charge of the criminal prosecution or action to recover a penalty to determine whether information concerning the violation substantially contributed to obtaining the assessment of a penalty, or an agreement for payment of the fine or penalty. Section 402.029 (d) Requires the Attorney General by rule provide that an amount of not more than 10 percent of the total amount of fines or penalties collected in a fiscal year shall be deposited into a special account in the general revenue fund to be used only for the maintenance of the toll-free line, investigation of alleged violations of environmental laws, and for payments authorized under this section. Section 402.029(e) Defines "Commission" to mean the Texas Natural Resource Conservation Commission and "Environmental Law" to mean a state or local statute, rule, order, ordinance, or other law that prohibits conduct that may result in pollution of the environment. SECTION 2: Effective date: September 1, 1997. SECTION 3: Requires the Attorney General to adopt rules as required by Section 402.029(d), Government Code as added by this Act, not later than December 1, 1997. SECTION 4: Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 1131 includes the payment of a reward for contibuting to a criminal conviction; the substitute does not provide payment of a reward for contibuting to a criminal conviction. The substitute limits the reward to a maximum of $1000, and only if the fines are collected. The original limits the reward to a maximum of 10 percent of the fine. HB 1131, Section 402.029 (c) requires the attorney in charge of the criminal prosecution to determine whether information given contributed to obtaining a criminal conviction, the assessment of a penalty or the agreement to pay a fine or penalty. CSHB 1131, Section 402.029 (c) deletes the language regarding the criminal prosecution.