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.

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