ACG H.B. 1367 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 1367
By: Hirschi
4-8-97
Committee Report (Substituted)



BACKGROUND 

Some feel that enforcement of regulations at the Texas Natural 
Resource Conservation Commission 
(commission) is not consistent across all programs and can 
therefore be misleading.  While 
enforcement recently increased for the air quality and storage 
tank programs, in other areas 
enforcement decreased.  In addition, commission figures which 
reflect an increase in fines are 
sometimes skewed by a small number of large settlements. 


PURPOSE

CSHB 1367 will require the commission to prepare a comprehensive 
annual report on its 
enforcement actions including information on the types of 
enforcement actions and the amount of 
penalties assessed, collected or deferred.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly 
grant any additional rulemaking 
authority to a state officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 5, Water Code, by adding 
Section 5.123 as follows:
 Section 5.123(a) Requires the commission to prepare an electronic 
report by December 1 of 
each year, on its enforcement actions for the preceding fiscal 
year including a comparison with its 
enforcement actions for each of the preceding fiscal years.  
Requires the commission to provide the 
report to the governor, lieutenant governor, and speaker.
 Section 5.123(b) Required information in the report includes a 
description of the enforcement 
actions for each type of regulatory program.
 Section 5.123(c) The report must include the number of 
inspections, the number of notices 
of violations, the number of enforcement actions, the type of 
enforcement actions, the amount of 
penalties, and other information.
 Section 5.123(d)  The attorney general is required to provide to 
the commission information 
about pending and closed enforcement actions referred from the 
commission.

SECTION 2. Requires a report that is prepared and delivered on or 
before December 1, 2000 to 
include a comparison of each of the preceding fiscal years 
beginning with August 31, 1996.

SECTION 3.  Emergency clause.  Effective upon passage. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the due date of the report to December 1 
and stipulates that the report is 
electronic.
The substitute also adds a new SECTION 2 that requires a report 
that is prepared and delivered on 
or before December 1, 2000 to include a comparison of each of the 
preceding fiscal years beginning