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. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.123 to read as follows:
1-7 Sec. 5.123. REPORT ON ENFORCEMENT ACTIONS. (a) Not later
1-8 than December 1 of each year, the commission shall:
1-9 (1) prepare an electronic report on its enforcement
1-10 actions for the preceding fiscal year, including a comparison with
1-11 its enforcement actions for each of the preceding five fiscal
1-12 years; and
1-13 (2) provide the report to the governor, lieutenant
1-14 governor, and speaker of the house of representatives.
1-15 (b) The report shall separately describe the enforcement
1-16 actions for each type of regulatory program, including programs
1-17 under Chapters 26 and 27 of this code and Chapters 361, 382, and
1-18 401, Health and Safety Code.
1-19 (c) The description of enforcement actions for each type of
1-20 regulatory program shall include:
1-21 (1) the number of inspections;
1-22 (2) the number of notices of violations;
1-23 (3) the number of enforcement actions;
1-24 (4) the type of enforcement actions;
2-1 (5) the amount of penalties assessed, deferred, or
2-2 collected; and
2-3 (6) any other information the commission determines
2-4 relevant.
2-5 (d) As soon as possible after the end of each fiscal year,
2-6 the attorney general shall provide the commission information on
2-7 enforcement actions referred by the commission to the attorney
2-8 general that were resolved during the preceding fiscal year or are
2-9 pending at the end of that fiscal year.
2-10 SECTION 2. Section 5.178, Water Code, is amended to read as
2-11 follows:
2-12 Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDIXES [REPORTS TO
2-13 GOVERNOR]. (a) On or before December 1 of each even-numbered
2-14 year, the [The] commission shall file with [make biennial reports
2-15 in writing to] the governor and the members of the legislature a
2-16 written report that includes[. Each report shall include] a
2-17 statement of the activities of the commission during the preceding
2-18 fiscal biennium [and its recommendations for necessary and
2-19 desirable legislation].
2-20 (b) The report due by December 1 of an even-numbered year
2-21 shall include, in addition:
2-22 (1) the commission's recommendations for necessary and
2-23 desirable legislation; and
2-24 (2) the following reports:
2-25 (A) the assessments and reports required by
2-26 Sections 361.0219(c), 361.0232, 361.485, 361.510, 371.063, and
2-27 382.141, Health and Safety Code; and
3-1 (B) the reports required by Section 26.0135(d)
3-2 of this code and Section 5.02, Chapter 133, Acts of the 69th
3-3 Legislature, Regular Session, 1985.
3-4 (c) As part of the biennial reports required by this section
3-5 that are to be filed by December 1, 2000, and every four years
3-6 after that date, the commission shall file a municipal solid waste
3-7 report, to include the plans required by Sections 361.020 and
3-8 361.0201, Health and Safety Code, and an assessment of commercial
3-9 nonhazardous waste disposal capacity as required by Section
3-10 361.0233, Health and Safety Code.
3-11 (d) [(b)] The commission shall file annually with the
3-12 governor and the presiding officer of each house of the legislature
3-13 a complete and detailed written report accounting for all funds
3-14 received and disbursed by the commission during the preceding year.
3-15 The form of the annual report and the reporting time shall be that
3-16 provided in the General Appropriations Act.
3-17 SECTION 3. Section 26.0135(d), Water Code, is amended to
3-18 read as follows:
3-19 (d) On or before October 1 of each even-numbered year, each
3-20 river authority shall report in writing to the governor,
3-21 commission, State Soil and Water Conservation Board, and Parks and
3-22 Wildlife Department on the water quality assessment of the
3-23 authority's watershed, including an identification of any
3-24 significant regulatory or enforcement issues, and on any actions
3-25 taken by the authority and other local governments to improve water
3-26 quality within the authority's watershed. The assessment report
3-27 must identify each legal, administrative, economic, or other
4-1 impediment to further water quality efforts by the authority and
4-2 local governments. The commission shall then prepare a report that
4-3 summarizes each river authority's assessment report, describes the
4-4 commission's regional water quality assessment efforts, and lists
4-5 the commission's past and proposed actions for improving water
4-6 quality within the watersheds subject to such assessments. The
4-7 commission shall submit its report, along with the commission's
4-8 comments and recommendations on regional water quality management,
4-9 by December 1 of each even-numbered year as required by Section
4-10 5.178(b) [to the governor, the lieutenant governor, and the speaker
4-11 of the house of representatives on or before December 1 of each
4-12 even-numbered year].
4-13 SECTION 4. Section 361.020, Health and Safety Code, is
4-14 amended by amending Subsection (e) and adding Subsection (g) to
4-15 read as follows:
4-16 (e) A strategic plan shall be updated every four [two]
4-17 years. The commission continually shall collect and analyze data
4-18 for use in its next updated plan and systematically shall monitor
4-19 progress toward achieving existing plan objectives and goals. In
4-20 preparing its updated plan, an agency shall examine previously and
4-21 newly identified waste management problems, reevaluate its plan
4-22 objectives and goals, and review and update its planning documents.
4-23 (g) The commission shall submit the comprehensive statewide
4-24 strategic plan, as developed under this section and Section
4-25 361.0201 and updated under Subsection (e), by December 1, 2000, and
4-26 every four years after that date, as required by Section 5.178(c),
4-27 Water Code.
5-1 SECTION 5. Section 361.0219(c), Health and Safety Code, is
5-2 amended to read as follows:
5-3 (c) The office of waste exchange shall adopt a plan for
5-4 providing to interested persons information on waste exchange [and
5-5 shall report to the legislature on the plan and on the state's
5-6 participation in any regional or national waste exchange program].
5-7 Biennially [Annually] the office of waste exchange shall report to
5-8 the commission [legislature] on progress in implementing this
5-9 section, including the plan to provide information on waste
5-10 exchange, the state's participation in any national or regional
5-11 waste exchange program, and information on the movement and
5-12 exchange of materials and the effect on recycling, composting, and
5-13 reuse rates in the state. The commission shall submit the report
5-14 by December 1 of each even-numbered year as required by Section
5-15 5.178(b), Water Code.
5-16 SECTION 6. Section 361.0234, Health and Safety Code, is
5-17 amended to read as follows:
5-18 Sec. 361.0234. Rules; Update of Rules and Assessments;
5-19 REPORT. (a) To expedite the consideration of permits for
5-20 technologies that an assessment prepared under Section 361.0232 or
5-21 361.0233 determines to be most needed, the rules adopted by the
5-22 commission shall provide for a permitting process that encourages
5-23 the development of new and innovative disposal technologies, grants
5-24 preferences considering the hierarchies established by Sections
5-25 361.022 and 361.023, emphasizes waste reduction efforts, and
5-26 encourages applicants for permits for hazardous waste management
5-27 facilities to include recycling and recovery components where
6-1 appropriate.
6-2 (b) The commission shall update the assessment required by
6-3 Section 361.0232 [assessments] and related rules at least every two
6-4 years. The commission shall update the assessment required by
6-5 Section 361.0233 and related rules at least every four years. In
6-6 preparing an update of the assessment, the commission shall
6-7 consider source reduction and waste minimization plans and reports
6-8 submitted under Subchapter N.
6-9 (c) The assessment [assessments] and rules adopted under
6-10 this section and Section 361.0232 may not be applied retroactively
6-11 to any application that was declared administratively and
6-12 technically complete and for which public hearings had commenced
6-13 before June 7, 1991.
6-14 (d) The commission shall submit the assessment prepared
6-15 under Section 361.0232 and updated under Subsection (b) by December
6-16 1 of each even-numbered year as required by Section 5.178(b), Water
6-17 Code. The commission shall submit the assessment prepared under
6-18 Section 361.0233 and updated under Subsection (b) by December 1,
6-19 2000, and every four years after that date as required by Section
6-20 5.178(c), Water Code.
6-21 SECTION 7. Section 361.485(a), Health and Safety Code, is
6-22 amended to read as follows:
6-23 (a) The [Not later than February 1 of each odd-numbered
6-24 year, the] commission shall submit by December 1 of each
6-25 even-numbered year as required by Section 5.178(b), Water Code, a
6-26 report [to the governor and the legislature] on the administration
6-27 of the program established under this subchapter and its
7-1 effectiveness in cleaning up existing scrap tire sites and in
7-2 preventing new scrap tire sites.
7-3 SECTION 8. Section 361.510, Health and Safety Code, is
7-4 amended to read as follows:
7-5 Sec. 361.510. Report [TO LEGISLATURE]. Notwithstanding any
7-6 other reporting requirement, the commission shall prepare a
7-7 biennial report to be submitted by December 1 of each even-numbered
7-8 year as required by Section 5.178(b), Water Code [the presiding
7-9 officers of the legislature and the governor concerning the
7-10 implementation of this subchapter]. The report must include:
7-11 (1) the status of the technical assistance program;
7-12 (2) a description of progress toward reducing the
7-13 volume of hazardous waste generated and the amount of pollutants
7-14 and contaminants in the state;
7-15 (3) an analysis of and recommendations for changes to
7-16 source reduction and waste minimization programs, including
7-17 consideration of additional enforcement provisions; and
7-18 (4) an identification of any other needed pollution
7-19 prevention activities.
7-20 SECTION 9. Section 371.063, Health and Safety Code, is
7-21 amended to read as follows:
7-22 Sec. 371.063. BIENNIAL [ANNUAL] Reporting Requirement. The
7-23 commission shall monitor the balance of the used oil recycling fund
7-24 and shall provide by December 1 of each even-numbered year as
7-25 required by Section 5.178(b), Water Code, a detailed report of all
7-26 income, expenditures, and programs funded [to the Texas Legislature
7-27 on an annual basis].
8-1 SECTION 10. Section 382.141, Health and Safety Code, is
8-2 amended to read as follows:
8-3 Sec. 382.141. Report Required. The commission shall report
8-4 biennially its evaluations and determinations on the use of
8-5 alternative fuels and recommend legislative changes necessary to
8-6 implement an effective and feasible program for the use of
8-7 alternative fuels. The report shall be submitted by December 1 of
8-8 each even-numbered year as required by Section 5.178(b), Water Code
8-9 [submitted to the governor and the legislature not later than the
8-10 30th day before the commencement of each regular legislative
8-11 session].
8-12 SECTION 11. Section 2155.448(b), Government Code, is amended
8-13 to read as follows:
8-14 (b) Not later than January 1 of each year, a state agency
8-15 shall deliver a report of the total expenditures in the areas
8-16 subject to Subsection (a) and the amount spent in each category for
8-17 the previous fiscal year to the[:]
8-18 [(1) governor;]
8-19 [(2) lieutenant governor;]
8-20 [(3) speaker of the house of representatives; and]
8-21 [(4)] Legislative Budget Board.
8-22 SECTION 12. The following laws are repealed:
8-23 (1) Section 361.034, Health and Safety Code;
8-24 (2) Section 361.038, Health and Safety Code; and
8-25 (3) Section 26.349(b), Water Code.
8-26 SECTION 13. Notwithstanding Section 5.123, Water Code, as
8-27 added by this Act, a report under that section by the Texas Natural
9-1 Resource Conservation Commission on its enforcement actions for the
9-2 preceding fiscal year that is prepared and delivered on or before
9-3 December 1, 2000, shall include a comparison with its enforcement
9-4 actions for each of the preceding fiscal years beginning with the
9-5 fiscal year ending August 31, 1996.
9-6 SECTION 14. The first biennial report required by Section
9-7 5.178, Water Code, as amended by this Act, is for the fiscal
9-8 biennium beginning September 1, 1996, and is due December 1, 1998.
9-9 SECTION 15. This Act takes effect September 1, 1997.
9-10 SECTION 16. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1133 was passed by the House on April
11, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1133 on May 21, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 297 authorizing certain
corrections in H.B. No. 1133 on May 24, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1133 was passed by the Senate, with
amendments, on May 17, 1997, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 297 authorizing certain corrections in
H.B. No. 1133 on May 27, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor