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.