By Pitts                                         H.B. No. 322

      75R2045 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to investigations by the Texas Natural Resource

 1-3     Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended

 1-6     by adding Section 5.123 to read as follows:

 1-7           Sec. 5.123.  LIMITATION ON INVESTIGATIONS.  The commission

 1-8     may not investigate a claim that a person is in violation of a

 1-9     statute administered by the commission or of a commission rule,

1-10     order, or permit if:

1-11                 (1)  the commission previously conducted an

1-12     investigation regarding the same claimed violation and determined

1-13     that:

1-14                       (A)  the claimed violation did not occur; or

1-15                       (B)  the claimed violation was corrected; and

1-16                 (2)  new evidence of the claimed violation has not been

1-17     provided to the commission.

1-18           SECTION 2.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

1-24     passage, and it is so enacted.