SRC-TNM H.B. 1133 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1133
By: Dukes (Lindsay)
Natural Resources
5-12-97
Engrossed


DIGEST 

Currently, reporting requirements for the Texas Natural Resource 
Conservation Commission 
(TNRCC) vary and are, in some cases, incomplete.  Eight reports 
are due biennially in odd-numbered 
years and eight are due annually.  Some reports do not specify 
recipients and some have no specific 
due date.  There are also some outdated reporting requirements.  
H.B. 1133 would consolidate 
reporting requirements for TNRCC and delete from statute 
reporting requirements that are obsolete.

PURPOSE

As proposed, H.B. 1133 outlines provisions regarding certain 
reporting requirements for the Texas 
Natural Resource Conservation Commission.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.178, Water Code, as follows:

Sec. 5.178. New heading: ANNUAL REPORTS; BIENNIAL 
APPENDIXES.  Requires the 
Texas Natural Resource Conservation Commission (TNRCC) to 
file with, rather than make 
biennial reports in writing to, the governor and members of 
the legislature a written report 
that includes a statement of the activities of TNRCC during 
the preceding fiscal biennium, 
rather than its recommendations for necessary and desirable 
legislation, on or before 
December 1 of each even-numbered year.  Sets forth 
information required to be included in 
the report due by December 1 of an even-numbered year.  
Requires TNRCC to file a 
municipal solid waste report, to include the plans required 
by Sections 361.020 and 361.021, 
Health and Safety Code, and an assessment of commercial 
nonhazardous waste disposal 
capacity as required by Section 361.0233, Health and Safety 
Code, as part of the biennial 
reports required by this section that are to be filed by 
December 1, 2000, and every four years 
after that date.  Makes a conforming change.

SECTION 2. Amends Section 26.0135(d), Water Code, to require TNRCC 
to submit its report by 
December 1 of each even-numbered year as required by Section 
5.178(b), rather than to the 
governor, lieutenant governor, and the speaker of the house of 
representatives.

SECTION 3. Amends Section 361.020, Health and Safety Code, by 
amending Subsection (e) and 
adding Subsection (g), to require a strategic plan to be updated 
every four, rather than two, years. 
Requires TNRCC to submit the comprehensive statewide strategic 
plan, as developed under this 
section and Section 361.0201 and updated under Subsection (e), by 
December 1, 2000, and every 
four years after that date, as required by Section 5.178(c), 
Water Code.

SECTION 4. Amends Section 361.0219(c), Health and Safety Code, to 
delete text requiring the 
office of waste exchange (office) to report to the legislature on 
the plan and on the state's 
participation in any regional or national waste exchange program. 
 Requires the office to report to 
TNRCC, rather than the legislature, biennially, rather than 
annually, on progress in implementing 
this section, including the plan to provide information on waste 
exchange, the state's participation
 in any national or regional waste exchange program.  Makes a 
conforming change.

SECTION 5. Amends Section 361.0234, Health and Safety Code, as 
follows:

Sec. 361.0234. New heading: RULES; UPDATE OF RULES AND 
ASSESSMENTS; 
REPORT.  Requires TNRCC to update the assessment required by 
Section 361.0232, rather 
than assessment.  Requires TNRCC to update the assessment 
required by Section 361.0233 
and related rules at least every four years.  Prohibits the 
assessment, rather than assessments, 
and rules adopted under this section and Section 361.0232 
from being applied retroactively. 
Requires TNRCC to submit the assessment prepared under 
Section 361.0232 and updated 
under Subsection (b) by December 1, of each even-numbered 
year as required by Section 
5.178(b), Water Code.  Requires TNRCC to submit the 
assessment prepared under Section 
361.0233 and updated under Subsection (b) by December 1, 
2000, and every four years after 
that date as required by Section 5.178(c), Water Code.

SECTION 6. Amends Section 361.485(a), Health and Safety Code, to 
make a conforming change.

SECTION 7. Amends Section 361.510, Health and Safety Code, as 
follows:

Sec. 361.510. New heading: REPORT.  Makes a conforming 
change.

SECTION 8. Amends Section 371.063, Health and Safety Code, as 
follows:

Sec. 371.063. New heading: BIENNIAL REPORTING REQUIREMENT.  
Makes a 
conforming change.

SECTION 9. Amends Section 382.141, Health and Safety Code, to make 
a conforming change.

SECTION 10. Amends Section 2155.448(b), Government Code, to delete 
text requiring a state 
agency to deliver a certain report to the governor, lieutenant 
governor, and the speaker of the house 
of representatives.

SECTION 11. Amends Section 5.02, Chapter 133, Acts of the 69th 
Legislature, Regular Session, 
1985, to requires TNRCC, rather than the Department of Water 
Resources, to submit by December 
1 of each even-numbered year as required by Section 5.178(b), 
Water Code, a comprehensive report 
concerning certain activities.  Makes a conforming changes.  Sets 
forth information to be included 
in the report.

SECTION 12. Repealers: Sections 361.034 and 361.038, Health and 
Safety Code (Reports, Annual 
inspection report) and Section 26.349(b), Water Code (Reporting 
of releases and corrective action)

SECTION 13. Provides that the first biennial report required by 
Section 5.178, Water Code, as 
amended by this Act, is for the fiscal biennium beginning 
September 1, 1996, and is due December 
1, 1998.

SECTION 14. Effective date: September 1, 1997.