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.