1-1 AN ACT
1-2 relating to reporting by the Texas Natural Resource Conservation
1-3 Commission and the attorney general on environmental enforcement
1-4 actions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-7 by adding Section 5.123 to read as follows:
1-8 Sec. 5.123. REPORT ON ENFORCEMENT ACTIONS. (a) Not later
1-9 than December 1 of each year, the commission shall:
1-10 (1) prepare an electronic report on its enforcement
1-11 actions for the preceding fiscal year, including a comparison with
1-12 its enforcement actions for each of the preceding five fiscal
1-13 years; and
1-14 (2) provide the report to the governor, lieutenant
1-15 governor, and speaker of the house of representatives.
1-16 (b) The report shall separately describe the enforcement
1-17 actions for each type of regulatory program, including programs
1-18 under Chapters 26 and 27 of this code and Chapters 361, 382, and
1-19 401, Health and Safety Code.
1-20 (c) The description of enforcement actions for each type of
1-21 regulatory program shall include:
1-22 (1) the number of inspections;
1-23 (2) the number of notices of violations;
1-24 (3) the number of enforcement actions;
2-1 (4) the type of enforcement actions;
2-2 (5) the amount of penalties assessed, deferred, or
2-3 collected; and
2-4 (6) any other information the commission determines
2-5 relevant.
2-6 (d) As soon as possible after the end of each fiscal year,
2-7 the attorney general shall provide the commission information on
2-8 enforcement actions referred by the commission to the attorney
2-9 general that were resolved during the preceding fiscal year or are
2-10 pending at the end of that fiscal year.
2-11 SECTION 2. Notwithstanding Section 5.123, Water Code, as
2-12 added by this Act, a report under that section by the Texas Natural
2-13 Resource Conservation Commission on its enforcement actions for the
2-14 preceding fiscal year that is prepared and delivered on or before
2-15 December 1, 2000, shall include a comparison with its enforcement
2-16 actions for each of the preceding fiscal years beginning with the
2-17 fiscal year ending August 31, 1996.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1367 was passed by the House on April
25, 1997, by the following vote: Yeas 145, Nays 0, 3 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1367 was passed by the Senate on May
12, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor