By Hirschi                                      H.B. No. 1367

      75R3526 SMH-F                           

                                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 November 30 of each year, the commission shall:

1-10                 (1)  prepare a report on its enforcement actions for

1-11     the preceding fiscal year, including a comparison with its

1-12     enforcement actions for each of the preceding five fiscal years;

1-13     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.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended,

2-16     and that this Act take effect and be in force from and after its

2-17     passage, and it is so enacted.