SRC-ARR S.B. 1309 76(R) BILL ANALYSIS Senate Research Center S.B. 1309 76R9246 MI-DBy: Brown Natural Resources 3/29/1999 As Filed DIGEST Currently, Texas law consolidates the emergency order and enforcement authority of the Texas Natural Resource Conservation Commission (commission) into Chapters 5 and 7 of the Water Code. The Senate Interim Committee on Natural Resources received an interim charge to monitor the implementation of this order. S.B. 1309 would authorize technical corrections necessary to complete the consolidation of the commission's emergency order and enforcement authority. PURPOSE As proposed, S.B. 1309 clarifies issues involving the consolidation of the enforcement authority of the Texas Natural Resource Conservation Commission. 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 7.002, Water Code, to authorize the Texas Natural Resource Conservation Commission (commission) to initiate an action under this chapter to enforce provisions of this code and the Health and Safety Code within the commission's jurisdiction as provided by Section 5.013 of this code and rules, orders, permits, or other decisions adopted under those provisions. Authorizes the commission to call and hold a public hearing and issue orders on an alleged violation under this code or the Health and Safety Code within the commission's jurisdiction or under a rule, order, permit, or other decision of the commission, or take any other action authorized by this chapter as the facts may warrant. Authorizes the commission to administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to the hearing, and make findings of fact and decisions with respect to administering the provisions of this code and the Health and Safety Code within the commission's jurisdiction or the rules, orders, or other decisions of the commission. SECTION 2. Amends Section 7.107, Water Code, to require the state to deposit its part of a penalty recovered in a suit brought by a local government for a violation of Chapter 371, Health and Safety Code, or a rule or order adopted under that chapter to the credit of the used oil recycling account. SECTION 3. Amends Section 7.141, Water Code, to define "air contaminant," "class I industrial solid waste," "class I nonhazardous industrial solid waste, "discharge," "hazardous waste," "industrial solid waste," "municipal solid waste," "on-site sewage disposal system," "point source," "pollutant," "pollution," "processing," "release," "solid waste," "solid waste facility," "underground storage tank," "used oil," "waste," and "water." Makes conforming changes. SECTION 4. Amends Section 7.173, Water Code, as follows: Sec. 7.173. New heading: VIOLATION RELATING TO SEWAGE DISPOSAL. Deletes text regarding a county that is contiguous to an international border. SECTION 5. Amends Section 7.187, Water Code, to provide that a person convicted of an offense under this chapter is punishable by confinement or imprisonment for a period as imposed by the section creating the offense of not more than a certain amount of days in jail. Defines "institutional division." SECTION 6. Amends Section 7.351, Water Code, to provide that if it appears that a violation of a provision of Chapter 366, Health and Safety Code, under the jurisdiction of an authorized agent as defined by Section 366.002, Health and Safety Code, a person affected may institute a civil suit in the same manner as the commission, rather than in a district court. SECTION 7. Amends Sections 361.017(d) and (e), Health and Safety Code, to delete text requiring the commission to consult with the attorney general's office. SECTION 8. Amends Section 366.016, Health and Safety Code, to authorize the commission or authorized agent to issue an emergency order concerning an on-site sewage disposal system under Section 5.513, rather than 5.517, Water Code. SECTION 9. Amends Section 382.015(d), Health and Safety Code, to entitle the commission to the remedies provided by Chapter 5L, Water Code, and Subchapters B, C, and D, Chapter 7, Water Code, rather than Sections 382.082-382.085 if a member employee, or agent is refused the right to enter public or private property as provided by this section. SECTION 10. Amends Section 382.023(b), Health and Safety Code, to authorize the executive director if authorized by the commission or this chapter to proceed under Subchapter B, C, or D, Chapter 7, Water Code, or hold a public hearing and issue orders on the alleged violation, or take any other action authorized by this chapter as the facts may warrant. SECTION 11. Repealer: Section 5.117, Water Code (Mandatory Enforcement Hearing); Section 7.068, Water Code (Full and Complete Satisfaction); Section 26.2171, Water Code (Venue); Section 371.043, Health and Safety Code (Civil Penalty). SECTION 12. Effective date: September 1, 1999. SECTION 13. Makes application of this Act prospective. SECTION 14. Emergency clause.