ACG H.B. 1423 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION H.B. 1423 By: Cuellar 3-4-97 Committee Report (Substituted) BACKGROUND In unincorporated areas on the Rio Grande, there is inadequate enforcement of water quality laws. This problem has become more critical as economic and other activity in the border area has increased with the passage of the North American Free Trade Agreement. PURPOSE HB 1423 will grant constables in certain counties along the Rio Grande the power to issue citations for violations of laws which prevent water pollution, preserve water quality, and ensure public use and enjoyment. 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 Chapter 86, Government Code, by adding Subchapter D as follows: Section 86.041. States the legislature's finding that good water quality for the Rio Grande is a statewide concern. Section 86.042. States that this subchapter applies only to a county with a population of 130,00 to 175,000 that borders the Rio Grande, and in which the Commissioners Court orders that that constables be granted the powers prescribed by this subchapter. Section 86.043(a) Permits a constable to cooperate in an investigation with other environmental agencies if the constable consults with the Texas Natural Resource Conservation Commission (TNRCC) and has completed stipulated training. Section 86.043(b) States that training must be designed and certified by the TNRCC to meet stipulated requirements. Allows the TNRCC to asses a fee to recover the cost of training constables. SECTION 2: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 1423, Section 86.042, does not include a population stipulation. CSHB 1423, Section 86.042, states that this subchapter applies only to counties with a population of 130,000 to 175,000. HB 1423, Section 86.043, gives a constable in subject counties authority to issue citations. HB 1423, Sections 86.044, 86.045, and 86.047 give more details regarding citations issued which is not in the substitute. HB 1423, Section 86.046 gives certain constables authority to patrol for compliance which is not present in the substitute. HB 1423, Section 86.047 allows a constable to file information about the violation with an appropriate state agency. CSHB 1423, Section 86.043 gives constables in subject counties authority to cooperate in an investigation with other environmental enforcement agencies if the constable consults the TNRCC and has completed stipulated training. There is no language allowing the constable to issue citations. This section also states that training must be designed and certified by the TNRCC to meet stipulated requirements, and allows the TNRCC to asses a fee to recover the cost of training constables.