By Puente H.B. No. 1131 75R4824 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation by the attorney general of an 1-3 environmental hotline. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 402, Government Code, is 1-6 amended by adding Section 402.029 to read as follows: 1-7 Sec. 402.029. ENVIRONMENTAL HOTLINE; PAYMENTS. (a) The 1-8 attorney general, in coordination with the commission, shall 1-9 establish and maintain a toll-free telephone line for receiving 1-10 reports concerning violations or suspected violations of 1-11 environmental laws. The attorney general shall publicize the 1-12 availability of this telephone line. 1-13 (b) The attorney general, in coordination and by joint 1-14 rulemaking with the commission, shall provide for payment to a 1-15 person who reports information that substantially contributes to 1-16 obtaining a criminal conviction or the assessment of a criminal, 1-17 civil, or administrative penalty for the violation of an 1-18 environmental law. The payment shall be in an amount equal to 10 1-19 percent of the fine or civil or administrative penalty ordered or 1-20 agreed to by the alleged violator, if the fine or penalty is 1-21 attributable to information concerning a violation of an 1-22 environmental law reported to the state by the person through use 1-23 of the toll-free telephone line or otherwise. 1-24 (c) The state or local attorney in charge of the criminal 2-1 prosecution of an alleged violator or the action to recover a civil 2-2 or administrative penalty from an alleged violator shall determine 2-3 whether information concerning the violation substantially 2-4 contributed to obtaining a criminal conviction, the assessment of a 2-5 criminal, civil, or administrative penalty, or an agreement with 2-6 the alleged violator for the payment of a fine or penalty. 2-7 (d) The attorney general by rule shall provide that an 2-8 amount equal to not more than 10 percent of the total amount of 2-9 fines or civil or administrative penalties assessed by the state or 2-10 agreed to by the alleged violator and collected by the state in a 2-11 fiscal year for an alleged violation of an environmental law shall 2-12 be deposited into a special account in the general revenue fund to 2-13 be used only for the maintenance of the toll-free telephone line 2-14 established under this section, the investigation of alleged 2-15 violations of environmental law, and for payments authorized under 2-16 this section. 2-17 (e) In this section: 2-18 (1) "Commission" means the Texas Natural Resource 2-19 Conservation Commission. 2-20 (2) "Environmental law" means a state or local 2-21 statute, rule, order, ordinance, or other law that prohibits 2-22 conduct that may result in pollution of the environment. 2-23 SECTION 2. This Act takes effect September 1, 1997. 2-24 SECTION 3. Not later than December 1, 1997, the attorney 2-25 general shall adopt the rules required by Section 402.029(d), 2-26 Government Code, as added by this Act. 2-27 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.