75R11015 SMH-F By Hirschi, Maxey, et al. H.B. No. 1367 Substitute the following for H.B. No. 1367: By Puente C.S.H.B. No. 1367 A BILL TO BE ENTITLED 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.