1-1 By: Hirschi, Maxey, et al. H.B. No. 1367 1-2 (Senate Sponsor - Barrientos) 1-3 (In the Senate - Received from the House April 27, 1997; 1-4 April 29, 1997, read first time and referred to Committee on 1-5 Natural Resources; May 9, 1997, reported favorably by the following 1-6 vote: Yeas 9, Nays 0; May 9, 1997, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to reporting by the Texas Natural Resource Conservation 1-10 Commission and the attorney general on environmental enforcement 1-11 actions. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-14 by adding Section 5.123 to read as follows: 1-15 Sec. 5.123. REPORT ON ENFORCEMENT ACTIONS. (a) Not later 1-16 than December 1 of each year, the commission shall: 1-17 (1) prepare an electronic report on its enforcement 1-18 actions for the preceding fiscal year, including a comparison with 1-19 its enforcement actions for each of the preceding five fiscal 1-20 years; and 1-21 (2) provide the report to the governor, lieutenant 1-22 governor, and speaker of the house of representatives. 1-23 (b) The report shall separately describe the enforcement 1-24 actions for each type of regulatory program, including programs 1-25 under Chapters 26 and 27 of this code and Chapters 361, 382, and 1-26 401, Health and Safety Code. 1-27 (c) The description of enforcement actions for each type of 1-28 regulatory program shall include: 1-29 (1) the number of inspections; 1-30 (2) the number of notices of violations; 1-31 (3) the number of enforcement actions; 1-32 (4) the type of enforcement actions; 1-33 (5) the amount of penalties assessed, deferred, or 1-34 collected; and 1-35 (6) any other information the commission determines 1-36 relevant. 1-37 (d) As soon as possible after the end of each fiscal year, 1-38 the attorney general shall provide the commission information on 1-39 enforcement actions referred by the commission to the attorney 1-40 general that were resolved during the preceding fiscal year or are 1-41 pending at the end of that fiscal year. 1-42 SECTION 2. Notwithstanding Section 5.123, Water Code, as 1-43 added by this Act, a report under that section by the Texas Natural 1-44 Resource Conservation Commission on its enforcement actions for the 1-45 preceding fiscal year that is prepared and delivered on or before 1-46 December 1, 2000, shall include a comparison with its enforcement 1-47 actions for each of the preceding fiscal years beginning with the 1-48 fiscal year ending August 31, 1996. 1-49 SECTION 3. The importance of this legislation and the 1-50 crowded condition of the calendars in both houses create an 1-51 emergency and an imperative public necessity that the 1-52 constitutional rule requiring bills to be read on three several 1-53 days in each house be suspended, and this rule is hereby suspended, 1-54 and that this Act take effect and be in force from and after its 1-55 passage, and it is so enacted. 1-56 * * * * *