By Cuellar, et al.                                    H.B. No. 1423

         75R8254 MRB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of certain constables to enforce

 1-3     environmental laws affecting the Rio Grande.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 86, Local Government Code, is amended by

 1-6     adding Subchapter D to read as follows:

 1-7                SUBCHAPTER D.  POWERS AND DUTIES RELATING TO

 1-8                   ENVIRONMENTAL PROTECTION OF RIO GRANDE

 1-9           Sec. 86.041.  LEGISLATIVE FINDING.  The legislature finds

1-10     that ensuring a high standard of water quality for the Rio Grande

1-11     is a matter of concern to the entire state.

1-12           Sec. 86.042.  COUNTY SUBJECT TO SUBCHAPTER.  This subchapter

1-13     applies only to a county:

1-14                 (1)  with a population of 130,000 to 175,000;

1-15                 (2)  that borders the Rio Grande; and

1-16                 (3)  in which the commissioners court determines by

1-17     order that the public health, safety, and welfare require that the

1-18     powers and duties prescribed by this subchapter be given to

1-19     constables of the county.

1-20           Sec. 86.043.  AUTHORITY TO INVESTIGATE.  (a)  A constable may

1-21     cooperate in an investigation with other environmental enforcement

1-22     agencies if the constable:

1-23                 (1)  consults employees of the Texas Natural Resource

1-24     Conservation Commission in the county regarding the violation; and

 2-1                 (2)  has completed certified training each year in

 2-2     environmental science and environmental regulation that is

 2-3     equivalent to the amount of training received by Texas Natural

 2-4     Resource Conservation Commission inspectors and that is received

 2-5     under a course approved or conducted by the commission.

 2-6           (b)  The training required by Subsection (a)(2) must be

 2-7     designed and certified by the Texas Natural Resource Conservation

 2-8     Commission to yield a level of knowledge equivalent to that

 2-9     possessed by a Texas Natural Resource Conservation Commission

2-10     inspector.  At a minimum, the training must include preinspection,

2-11     basic inspector, and continuing training.  The Texas Natural

2-12     Resource Conservation Commission may assess a fee against the

2-13     county to recover the costs of training a constable under this

2-14     section.

2-15           SECTION 2.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended,

2-20     and that this Act take effect and be in force from and after its

2-21     passage, and it is so enacted.