By Truan                                        S.B. No. 1049

      75R6125 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation, powers, and duties of the Community

 1-3     Environmental Equity Board and the creation of the community

 1-4     environmental equity fund.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle B, Title 5, Health and Safety Code, is

 1-7     amended by adding Chapter 374 to read as follows:

 1-8            CHAPTER 374.  COMMUNITY ENVIRONMENTAL EQUITY PROGRAM

 1-9           Sec. 374.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Board" means the Community Environmental Equity

1-11     Board.

1-12                 (2)  "Fund" means the community environmental equity

1-13     fund.

1-14           Sec. 374.002.  COMMUNITY ENVIRONMENTAL EQUITY FUND.  (a)  The

1-15     community environmental equity fund is a special account in the

1-16     general revenue fund.

1-17           (b)  The fund consists of:

1-18                 (1)  all administrative penalties recovered by the

1-19     commission under Chapters 341, 361, 366, 382, and 401 of this code

1-20     and Chapters 13, 16, 26, 27, and 28, Water Code, unless the penalty

1-21     is required by other law to be deposited to the credit of another

1-22     special fund or account;

1-23                 (2)  all civil and criminal penalties and fines

1-24     recovered by the attorney general under Chapters 341, 361, 366,

 2-1     382, and 401 of this code and Chapters 13, 16, 26, 27, and 28,

 2-2     Water Code, unless the penalty or find:

 2-3                       (A)  is required by other law to be deposited to

 2-4     the credit of another special fund or account; or

 2-5                       (B)  is allocated by other law to a local

 2-6     government by other governmental subdivision of the state;

 2-7                 (3)  interest on money in the fund; and

 2-8                 (4)  money from gifts, grants, or any other source

 2-9     intended to be used for the purposes of this chapter.

2-10           (c)  Money in the fund may be used only for providing

2-11     assistance under the community environmental equity program

2-12     established under this chapter.

2-13           (d)  The board shall administer the fund as provided by this

2-14     chapter and board rule.

2-15           (e)  The fund is exempt from the application of Sections

2-16     403.094 and 403.095, Government Code.

2-17           Sec. 374.003.  COMMUNITY ENVIRONMENTAL EQUITY BOARD.  (a)

2-18     The board consists of:

2-19                 (1)  the attorney general or the attorney general's

2-20     designee;

2-21                 (2)  the chairman of the commission;

2-22                 (3)  the speaker of the house of representatives or the

2-23     speaker's designee;

2-24                 (4)  the lieutenant governor or the lieutenant

2-25     governor's designee; and

2-26                 (5)  two members to represent the general public

2-27     appointed by the governor with the advice and consent of the

 3-1     senate.

 3-2           (b)  The members appointed by the governor serve two-year

 3-3     terms ending on February 1 of each odd-numbered year.

 3-4           Sec. 374.004.  PRESIDING OFFICER.  The members of the board

 3-5     shall elect a presiding officer from among their number.

 3-6           Sec. 374.005.  MEETINGS.  The board shall meet each calendar

 3-7     quarter and at other times at the call of the presiding officer or

 3-8     a majority of the members.

 3-9           Sec. 374.006.  COMPENSATION.  Service on the board by an

3-10     officer or employee of the state is an additional duty of the

3-11     member's office or employment.  A board member is not entitled to

3-12     compensation as a board member but is entitled to reimbursement of

3-13     the member's actual and necessary expenses as provided in the

3-14     General Appropriations Act for members of boards and commissions.

3-15           Sec. 374.007.  STAFF.  The commission and the attorney

3-16     general shall provide support staff for the board.

3-17           Sec. 374.008.  POWERS AND DUTIES OF BOARD.  (a)  The board

3-18     shall establish and administer the community environmental equity

3-19     program to provide money for environmental projects proposed by

3-20     local governments or other eligible entities designated by rule

3-21     under Subsection (b) to assist communities and groups that have

3-22     been adversely affected by violations of environmental laws.

3-23           (b)  The board by rule shall adopt standards and procedures

3-24     for administration of the community environmental equity program,

3-25     including:

3-26                 (1)  application procedures;

3-27                 (2)  criteria for determining applicant eligibility and

 4-1     for processing applications;

 4-2                 (3)  establishment of eligible project categories;

 4-3     including:

 4-4                       (A)  environmental remediation;

 4-5                       (B)  construction, reconstruction, or remediation

 4-6     of wildlife habitat;

 4-7                       (C)  remediation of neighborhood environmental

 4-8     quality;

 4-9                       (D)  health effects studies; and

4-10                       (E)  environmental education;

4-11                 (4)  guidelines for the involvement of directly

4-12     affected communities;

4-13                 (5)  procedures and standards for supervision of

4-14     approved projects; and

4-15                 (6)  procedures and standards for financial

4-16     administration and control.

4-17           (c)  In adopting rules to implement this chapter and in

4-18     reviewing applications for assistance under this chapter, the board

4-19     shall:

4-20                 (1)  give preference to projects that benefit a

4-21     community in which a violation that gave rise to a fine or penalty

4-22     occurred; and

4-23                 (2)  consider the demographic characteristics of an

4-24     affected community, including its racial, ethnic, and socioeconomic

4-25     characteristics.

4-26           (d)  Sections 2001.004(3) and 2001.005, Government Code, do

4-27     not apply to the board.

 5-1           SECTION 2.  Section 341.092, Health and Safety Code, is

 5-2     amended by adding Subsection (k) to read as follows:

 5-3           (k)  The state's share of any civil penalty collected under

 5-4     this section shall be deposited in the state treasury to the credit

 5-5     of the community environmental equity fund.

 5-6           SECTION 3.  Subsection (c), Section 361.223, Health and

 5-7     Safety Code, is amended to read as follows:

 5-8           (c)  A civil penalty recovered in a suit first brought by a

 5-9     local government or governments under this chapter shall be equally

5-10     divided between the state and the local government or governments

5-11     that first brought the suit, and the state shall deposit its

5-12     recovery to the credit of the community environmental equity

5-13     [general revenue] fund.

5-14           SECTION 4.  Subsection (t), Section 361.251, Health and

5-15     Safety Code, is amended to read as follows:

5-16           (t)  A penalty collected under this section shall be

5-17     deposited to the credit of the community environmental equity

5-18     [general revenue] fund.

5-19           SECTION 5.  Subsection (q), Section 361.252, Health and

5-20     Safety Code, is amended to read as follows:

5-21           (q)  A penalty collected under this section shall be

5-22     deposited to the credit of the community environmental equity

5-23     [general revenue] fund.

5-24           SECTION 6.  Subsection (c), Section 361.540, Health and

5-25     Safety Code, is amended to read as follows:

5-26           (c)  A penalty collected under this section shall be

5-27     deposited to the credit of the community environmental equity

 6-1     [general revenue] fund.

 6-2           SECTION 7.  Subsection (k), Section 366.0924, Health and

 6-3     Safety Code, is amended to read as follows:

 6-4           (k)  An administrative penalty collected under this section

 6-5     shall be deposited in the state treasury to the credit of the

 6-6     community environmental equity [general revenue] fund.

 6-7           SECTION 8.  Subsection (f), Section 372.004, Health and

 6-8     Safety Code, is amended to read as follows:

 6-9           (f)  An administrative penalty collected under this section

6-10     shall be deposited in the state treasury to the credit of the

6-11     community environmental equity [general revenue] fund.

6-12           SECTION 9.  Subsection (f), Section 372.005, Health and

6-13     Safety Code, is amended to read as follows:

6-14           (f)  A civil penalty recovered in a suit brought by a county

6-15     or municipality under this section shall be divided equally between

6-16     the state and the county or municipality that first brought the

6-17     suit.  The state's share of any civil penalty shall be deposited in

6-18     the state treasury to the credit of the community environmental

6-19     equity [general revenue] fund.

6-20           SECTION 10.  Subsection (d), Section 382.085, Health and

6-21     Safety Code, is amended to read as follows:

6-22           (d)  The state is entitled to half of a civil penalty

6-23     recovered in a suit brought under this chapter by one or more local

6-24     governments.  The state's share of any civil penalty shall be

6-25     deposited in the state treasury to the credit of the community

6-26     environmental equity fund.  The remainder shall be equally divided

6-27     among the local governments that first brought the suit.

 7-1           SECTION 11.  Section 401.384, Health and Safety Code, is

 7-2     amended by adding Subsection (d) to read as follows:

 7-3           (d)  An administrative penalty collected under this section

 7-4     shall be deposited in the state treasury to the credit of the

 7-5     community environmental equity fund.

 7-6           SECTION 12.  Section 13.4151, Water Code, is amended by

 7-7     repealing Subsection (l) and renumbering Subsection (m) and (n) as

 7-8     follows:

 7-9           (l)  [A penalty collected under this section shall be

7-10     deposited in the state treasury to the credit of the general

7-11     revenue fund.]

7-12           [(m)]  Notwithstanding any other provision of law, the

7-13     commission may compromise, modify, extend the time for payment of,

7-14     or remit, with or without condition, any penalty imposed under this

7-15     section.

7-16           (m) [(n)]  Payment of a penalty under this section is full

7-17     and complete satisfaction of the violation for which the penalty is

7-18     assessed and precludes any other civil or criminal penalty for the

7-19     same violation.

7-20           SECTION 13.  Section 13.418, Water Code, is amended to read

7-21     as follows:

7-22           Section 13.418.  DISPOSITION OF FINES AND PENALTIES.  Fines

7-23     and penalties collected under this chapter in other than criminal

7-24     proceedings shall be paid to the commission and deposited in the

7-25     community environmental equity [general revenue] fund.

7-26           SECTION 14.  Section 16.352, Water Code, is amended by adding

7-27     Subsection (e) to read as follows:

 8-1           (e)  A civil penalty recovered in a suit brought by a county

 8-2     or municipality under this section shall be divided equally between

 8-3     the state and the county or municipality that first brought the

 8-4     suit.  The state's share of any civil penalty shall be deposited in

 8-5     the state treasury to the credit of the community environmental

 8-6     equity fund.

 8-7           SECTION 15.  Section 26.126, Water Code, is amended to read

 8-8     as follows:

 8-9           Sec. 26.126.  DISPOSITION OF CIVIL PENALTIES.  (a)  All civil

8-10     penalties recovered in suits instituted by the State of Texas under

8-11     this chapter through the commission or the Parks and Wildlife

8-12     Department shall be deposited in the state treasury to the credit

8-13     of the community environmental equity fund [paid to the General

8-14     Revenue Fund of the State of Texas].

8-15           (b)  All civil penalties recovered in suits instituted by a

8-16     local government or governments under this chapter shall be equally

8-17     divided between the State of Texas and the local government or

8-18     governments first instituting the suit, with 50 percent of the

8-19     recovery to be deposited in the state treasury to the credit of the

8-20     community environmental equity fund [paid to the General Revenue

8-21     Fund of the State of Texas] and the other 50 percent paid equally

8-22     to the local government or governments first instituting the suit.

8-23           SECTION 16.  Subsection (m), Section 26.136, Water Code, is

8-24     amended to read as follows:

8-25           (m)  A penalty collected under this section shall be

8-26     deposited in the State Treasury to the credit of the community

8-27     environmental equity fund [General Revenue Fund].

 9-1           SECTION 17.  Subsection (m), Section 27.1015, Water Code, is

 9-2     amended to read as follows:

 9-3           (m)  A penalty collected under this section shall be

 9-4     deposited in the State Treasury to the credit of the community

 9-5     environmental equity fund [General Revenue Fund].

 9-6           SECTION 18.  Subsection (m), Section 28.067, Water Code, is

 9-7     amended to read as follows:

 9-8           (m)  A penalty collected under this section shall be

 9-9     deposited in the State Treasury to the credit of the community

9-10     environmental equity fund [General Revenue Fund].

9-11           SECTION 19.  (a)  This Act takes effect September 1, 1997.

9-12           (b)  The changes in law made by this Act, apply only to

9-13     amounts awarded and payable to the state on or after September 1,

9-14     1997.

9-15           (c)  The Community Environmental Equity Board may not grant

9-16     assistance to a local government under Chapter 374, Health and

9-17     Safety Code, as added by this Act, before September 1, 1998.

9-18           SECTION 20.  The importance of this legislation and the

9-19     crowded condition of the calendars in both houses create an

9-20     emergency and an imperative public necessity that the

9-21     constitutional rule requiring bills to be read on three several

9-22     days in each house be suspended, and this rule is hereby suspended.