SRC-JJJ, SLL H.B. 3281 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3281
76R13353 SMH-DBy: Maxey (Brown)
Natural Resources
5/12/1999
Engrossed


DIGEST 

Texas is one of 25 states that has enacted some form of environmental audit
privilege or immunity legislation.  State audit policies encourage the use
of audits and disclosure of violations discovered during an audit.
Organizations use them to measure compliance with environmental
regulations, identify problems early, and improve the overall environmental
program by making it more proactive.  Unique to the Texas Environment
Health, and Safety Audit Privilege Act, is the statutory provision
requiring advance notification that an audit is about to begin.  The
provision has allowed the Texas Natural Resource Conservation Commission to
track the audit activity and violation disclosures since the implementation
of the statute in 1995.  H.B. 3281 would establish the authority of a state
agency to report to a regulated entity  on violations of certain
environmental or health and safety laws in order to help prevent future
violations.   
   
PURPOSE

As proposed, H.B. 3281 establishes the authority of a state agency to
report to a regulated entity  on violations of certain environmental or
health and safety laws in order to help prevent future violations.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4447cc, V.T.C.S. (Texas Environmental, Health,
and Safety Audit Privilege Act), by adding Section 14, as follows: 

Sec. 14.  AUTHORITY OF STATE AGENCY TO REPORT TO REGULATED ENTITY ON
VIOLATIONS.  Authorizes a state agency to which violations of environmental
or health and safety laws are disclosed, upon request, to provide a
regulated entity or an entity representing regulated entities a summary of
common and significant violations of those laws by regulated entities on
order to help prevent  future violations.  Provides that a summary of
violations is not required to include any violation disclosed to the agency
before September 1, 1999.  Establishes that this section does not authorize
a state agency to disclose information that would permit  identification of
a violation by any particular person. 
 
SECTION 2.  Amend Chapter 1, Title 71, V.T.C.S., by adding Article 4447dd,
as follows: 

Art. 4447dd.  AUTHORITY OF STATE AGENCY TO REPORT TO REGULATED ENTITIES ON
VIOLATIONS.  Authorizes a state agency to provide to regulated entities
summaries of common and significant violations of environmental laws, other
than violations disclosed to the agency  in order to help prevent future
violations.  Provides that a summary of violations is not required to
include any violation that came to the agency's attention before September
1, 1999. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.