By Dukes H.B. No. 1133
75R8291 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain reporting requirements for the Texas Natural
1-3 Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.178, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDIXES [REPORTS TO
1-8 GOVERNOR]. (a) On or before December 1 of each even-numbered
1-9 year, the [The] commission shall file with [make biennial reports
1-10 in writing to] the governor and the members of the legislature a
1-11 written report that includes[. Each report shall include] a
1-12 statement of the activities of the commission during the preceding
1-13 fiscal biennium [and its recommendations for necessary and
1-14 desirable legislation].
1-15 (b) The report due by December 1 of an even-numbered year
1-16 shall include, in addition:
1-17 (1) the commission's recommendations for necessary and
1-18 desirable legislation; and
1-19 (2) the following reports:
1-20 (A) the assessments and reports required by
1-21 Sections 361.0219(c), 361.0232, 361.034, 361.485, 361.510, 371.063,
1-22 and 382.141, Health and Safety Code; and
1-23 (B) the reports required by Section 26.0135(d)
1-24 of this code and Section 5.02, Chapter 133, Acts of the 69th
2-1 Legislature, Regular Session, 1985.
2-2 (c) As part of the biennial reports required by this section
2-3 that are to be filed by December 1, 2000, and every four years
2-4 after that date, the commission shall file a municipal solid waste
2-5 report, to include the plans required by Sections 361.020 and
2-6 361.0201, Health and Safety Code, and an assessment of commercial
2-7 nonhazardous waste disposal capacity as required by Section
2-8 361.0233, Health and Safety Code.
2-9 (d) [(b)] The commission shall file annually with the
2-10 governor and the presiding officer of each house of the legislature
2-11 a complete and detailed written report accounting for all funds
2-12 received and disbursed by the commission during the preceding year.
2-13 The form of the annual report and the reporting time shall be that
2-14 provided in the General Appropriations Act.
2-15 SECTION 2. Section 26.0135(d), Water Code, is amended to
2-16 read as follows:
2-17 (d) On or before October 1 of each even-numbered year, each
2-18 river authority shall report in writing to the governor,
2-19 commission, State Soil and Water Conservation Board, and Parks and
2-20 Wildlife Department on the water quality assessment of the
2-21 authority's watershed, including an identification of any
2-22 significant regulatory or enforcement issues, and on any actions
2-23 taken by the authority and other local governments to improve water
2-24 quality within the authority's watershed. The assessment report
2-25 must identify each legal, administrative, economic, or other
2-26 impediment to further water quality efforts by the authority and
2-27 local governments. The commission shall then prepare a report that
3-1 summarizes each river authority's assessment report, describes the
3-2 commission's regional water quality assessment efforts, and lists
3-3 the commission's past and proposed actions for improving water
3-4 quality within the watersheds subject to such assessments. The
3-5 commission shall submit its report, along with the commission's
3-6 comments and recommendations on regional water quality management,
3-7 by December 1 of each even-numbered year as required by Section
3-8 5.178(b) [to the governor, the lieutenant governor, and the speaker
3-9 of the house of representatives on or before December 1 of each
3-10 even-numbered year].
3-11 SECTION 3. Section 361.020, Health and Safety Code, is
3-12 amended by amending Subsection (e) and adding Subsection (g) to
3-13 read as follows:
3-14 (e) A strategic plan shall be updated every four [two]
3-15 years. The commission continually shall collect and analyze data
3-16 for use in its next updated plan and systematically shall monitor
3-17 progress toward achieving existing plan objectives and goals. In
3-18 preparing its updated plan, an agency shall examine previously and
3-19 newly identified waste management problems, reevaluate its plan
3-20 objectives and goals, and review and update its planning documents.
3-21 (g) The commission shall submit the comprehensive statewide
3-22 strategic plan, as developed under this section and Section
3-23 361.0201 and updated under Subsection (e), by December 1, 2000, and
3-24 every four years after that date, as required by Section 5.178(c),
3-25 Water Code.
3-26 SECTION 4. Section 361.0219(c), Health and Safety Code, is
3-27 amended to read as follows:
4-1 (c) The office of waste exchange shall adopt a plan for
4-2 providing to interested persons information on waste exchange [and
4-3 shall report to the legislature on the plan and on the state's
4-4 participation in any regional or national waste exchange program].
4-5 Biennially [Annually] the office of waste exchange shall report to
4-6 the commission [legislature] on progress in implementing this
4-7 section, including the plan to provide information on waste
4-8 exchange, the state's participation in any national or regional
4-9 waste exchange program, and information on the movement and
4-10 exchange of materials and the effect on recycling, composting, and
4-11 reuse rates in the state. The commission shall submit the report
4-12 by December 1 of each even-numbered year as required by Section
4-13 5.178(b), Water Code.
4-14 SECTION 5. Section 361.0234, Health and Safety Code, is
4-15 amended to read as follows:
4-16 Sec. 361.0234. Rules; Update of Rules and Assessments;
4-17 REPORT. (a) To expedite the consideration of permits for
4-18 technologies that an assessment prepared under Section 361.0232 or
4-19 361.0233 determines to be most needed, the rules adopted by the
4-20 commission shall provide for a permitting process that encourages
4-21 the development of new and innovative disposal technologies, grants
4-22 preferences considering the hierarchies established by Sections
4-23 361.022 and 361.023, emphasizes waste reduction efforts, and
4-24 encourages applicants for permits for hazardous waste management
4-25 facilities to include recycling and recovery components where
4-26 appropriate.
4-27 (b) The commission shall update the assessment required by
5-1 Section 361.0232 [assessments] and related rules at least every two
5-2 years. The commission shall update the assessment required by
5-3 Section 361.0233 and related rules at least every four years. In
5-4 preparing an update of the assessment, the commission shall
5-5 consider source reduction and waste minimization plans and reports
5-6 submitted under Subchapter N.
5-7 (c) The assessment [assessments] and rules adopted under
5-8 this section and Section 361.0232 may not be applied retroactively
5-9 to any application that was declared administratively and
5-10 technically complete and for which public hearings had commenced
5-11 before June 7, 1991.
5-12 (d) The commission shall submit the assessment prepared
5-13 under Section 361.0232 and updated under Subsection (b) by December
5-14 1 of each even-numbered year as required by Section 5.178(b), Water
5-15 Code. The commission shall submit the assessment prepared under
5-16 Section 361.0233 and updated under Subsection (b) by December 1,
5-17 2000, and every four years after that date as required by Section
5-18 5.178(c), Water Code.
5-19 SECTION 6. Section 361.485(a), Health and Safety Code, is
5-20 amended to read as follows:
5-21 (a) The [Not later than February 1 of each odd-numbered
5-22 year, the] commission shall submit by December 1 of each
5-23 even-numbered year as required by Section 5.178(b), Water Code, a
5-24 report [to the governor and the legislature] on the administration
5-25 of the program established under this subchapter and its
5-26 effectiveness in cleaning up existing scrap tire sites and in
5-27 preventing new scrap tire sites.
6-1 SECTION 7. Section 361.510, Health and Safety Code, is
6-2 amended to read as follows:
6-3 Sec. 361.510. Report [TO LEGISLATURE]. Notwithstanding any
6-4 other reporting requirement, the commission shall prepare a
6-5 biennial report to be submitted by December 1 of each even-numbered
6-6 year as required by Section 5.178(b), Water Code [the presiding
6-7 officers of the legislature and the governor concerning the
6-8 implementation of this subchapter]. The report must include:
6-9 (1) the status of the technical assistance program;
6-10 (2) a description of progress toward reducing the
6-11 volume of hazardous waste generated and the amount of pollutants
6-12 and contaminants in the state;
6-13 (3) an analysis of and recommendations for changes to
6-14 source reduction and waste minimization programs, including
6-15 consideration of additional enforcement provisions; and
6-16 (4) an identification of any other needed pollution
6-17 prevention activities.
6-18 SECTION 8. Section 371.063, Health and Safety Code, is
6-19 amended to read as follows:
6-20 Sec. 371.063. BIENNIAL [ANNUAL] Reporting Requirement. The
6-21 commission shall monitor the balance of the used oil recycling fund
6-22 and shall provide by December 1 of each even-numbered year as
6-23 required by Section 5.178(b), Water Code, a detailed report of all
6-24 income, expenditures, and programs funded [to the Texas Legislature
6-25 on an annual basis].
6-26 SECTION 9. Section 382.141, Health and Safety Code, is
6-27 amended to read as follows:
7-1 Sec. 382.141. Report Required. The commission shall report
7-2 biennially its evaluations and determinations on the use of
7-3 alternative fuels and recommend legislative changes necessary to
7-4 implement an effective and feasible program for the use of
7-5 alternative fuels. The report shall be submitted by December 1 of
7-6 each even-numbered year as required by Section 5.178(b), Water Code
7-7 [submitted to the governor and the legislature not later than the
7-8 30th day before the commencement of each regular legislative
7-9 session].
7-10 SECTION 10. Section 2155.448(b), Government Code, is amended
7-11 to read as follows:
7-12 (b) Not later than January 1 of each year, a state agency
7-13 shall deliver a report of the total expenditures in the areas
7-14 subject to Subsection (a) and the amount spent in each category for
7-15 the previous fiscal year to the[:]
7-16 [(1) governor;]
7-17 [(2) lieutenant governor;]
7-18 [(3) speaker of the house of representatives; and]
7-19 [(4)] Legislative Budget Board.
7-20 SECTION 11. Section 5.02, Chapter 133, Acts of the 69th
7-21 Legislature, Regular Session, 1985, is amended to read as follows:
7-22 Sec. 5.02. (a) The [Not later than January 1, of each
7-23 odd-numbered year, the] Texas Natural Resource Conservation
7-24 Commission [Department of Water Resources] shall submit by December
7-25 1 of each even-numbered year as required by Section 5.178(b), Water
7-26 Code, [submit to the governor, the lieutenant governor, and the
7-27 speaker of the house of representatives] a comprehensive report
8-1 concerning activities during the preceding two years relating to
8-2 the creation of groundwater conservation [underground water]
8-3 districts under Chapters 35 and 36 [Chapter 52], Water Code.
8-4 (b) The report must include:
8-5 (1) the names and locations of all underground water
8-6 districts created or attempted to be created on or after the
8-7 effective date of H.B. No. 2, Acts of the 69th Legislature, Regular
8-8 Session, 1985;
8-9 (2) the subchapter of Chapter 35 or 36 [52], Water
8-10 Code, under which each district was proposed for creation;
8-11 (3) a detailed analysis of each election held to
8-12 create a district, including analysis of election results, possible
8-13 reasons for the success or failure to create a district, and the
8-14 possibility for future voter approval of districts in areas in
8-15 which attempts to create districts failed;
8-16 (4) a detailed analysis of the activities of each
8-17 district created on or after the effective date of H.B. No. 2, Acts
8-18 of the 69th Legislature, Regular Session, 1985;
8-19 (5) recommendations for changes in Chapter 35 or 36
8-20 [52], Water Code, that will facilitate the creation and operation
8-21 of groundwater conservation [underground water] districts; and
8-22 (6) any other information and recommendations that the
8-23 commission [department] considers necessary.
8-24 SECTION 12. The following laws are repealed:
8-25 (1) Section 361.034, Health and Safety Code;
8-26 (2) Section 361.038, Health and Safety Code; and
8-27 (3) Section 26.349(b), Water Code.
9-1 SECTION 13. The first biennial report required by Section
9-2 5.178, Water Code, as amended by this Act, is for the fiscal
9-3 biennium beginning September 1, 1996, and is due December 1, 1998.
9-4 SECTION 14. This Act takes effect September 1, 1997.
9-5 SECTION 15. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended.