75R8254 MRB-F By Cuellar H.B. No. 1423 Substitute the following for H.B. No. 1423: By Allen C.S.H.B. No. 1423 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.