SRC-ARR S.B. 1307 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1307
By: Brown
Natural Resources
6/29/1999
Enrolled


DIGEST 

Currently, Texas law consolidates environmental enforcement authority,
allowing local governmental entities to enforce certain sections of the
Water Code, and the Health and Safety Code, through civil litigation.
However, the law does not include Chapter 366, Health and Safety Code
(On-Site Sewage Disposal Systems) in the consolidation of enforcement
authority. S.B. 1307 will provide local governmental entities, which are
authorized by the Texas Natural Resource Conservation Commission, the
authority to enforce rules adopted under Chapter 366, Health and Safety
Code, through civil litigation.   

PURPOSE

As enrolled, S.B. 1307 provides an authorized agent of the Texas Natural
Resource Conservation Commission the right to institute a suit for
injunctive relief or a civil penalty for a violation or threat of violation
of the law regarding on-site sewage disposal systems. 

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 Section 7.351, Water Code, to authorize an authorized
agent as defined in Chapter 366, Health and Safety Code, to institute a
civil suit under Subchapter D in the same manner as the Texas Natural
Resource Conservation Commission (commission) in a district court by its
own attorney for the injunctive relief or civil penalty, or both, as
authorized by this chapter against the person who committed, is committing,
or is threatening to commit the violation, if it appears that a violation
or threat of violation of Chapter 366, Health and Safety Code, under the
commission's jurisdiction or a rule adopted or a permit issued under that
chapter has occurred or is occurring in the jurisdiction of a local
government. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.