ZEM C.S.H.B. 1927 75(R)BILL ANALYSIS CIVIL PRACTICES C.S.H.B. 1927 By: Zbranek 4-4-97 Committee Report (Substituted) BACKGROUND Under federal laws, citizens and local governments can bring environmental enforcement actions in federal courts, independent of other government action. Several states also have laws that encourage supplemental enforcement by local governments and affected citizens. Currently, Texas law only allows the state and the alleged violator to participate in enforcement proceedings, even if citizens and local governments are the source of the complaint that initiates an enforcement action. PURPOSE This bill will provide for enforcement by local governments and affected citizens to supplement TNRCC's enforcement efforts. It would allow them to sue to stop nuisances and violations of Texas environmental laws, recover their cost in these suits, and intervene in state enforcement actions brought by the attorney general. 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 Section 38.001, Civil Practice and Remedies Code to add air pollution, water pollution, and public health nuisances as allowable claims for a person to recover attorney's fees from an individual or corporation. SECTION 2. Amends Title 6, Civil Practice and Remedies Code, by adding Chapter 144 as follows: Chapter 144. PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL LAWS. Section 144.001 Defines "Commission" to mean the Texas Natural Resource Conversation Commission (TNRCC). Section 144.002 (a) Provides a right of intervention for a person who may be affected by acts that are the subject of enforcement in civil proceedings brought by the Attorney General at the request of the TNRCC. (b) Allows the court to align the parties for efficient use of resources. (c) Provides that this section does not apply to an enforcement action brought against a state agency. Section 144.003 (a) Provides that an affected person may file a written complaint with the Commission requesting an investigation of an alleged environmental violation. (b) Requires the Commission to reply to this complaint no later than 60 days after it was received and specifies the form of this reply. (c) Provides that the complainant may bring an enforcement action if the commission does not bring an action within 121 days. Specifies venue for these actions to be in the county in which the alleged violation occurs. (d) Provides for penalties to be paid to the state and/or local governments. (e) Provides that this section does not apply to a violation by a state agency. Section 144.004 Requires the Attorney General to assist local governments in bringing environmental enforcement actions. SECTION 3. Section 1, relating to the recovery of attorney's fees for certain nuisance actions, applies prospectively; savings clause. SECTION 4: Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute requires the attorney general to assist local governments in bringing environmental enforcement actions, deletes language from the original requiring this assistance "within the resource limits of the office," and makes other nonsubstantive changes.