SRC-PNG, ARR C.S.S.B. 1309 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1309
76R10949 MI-DBy: Brown
Natural Resources
4/1/1999
Committee Report (Substituted)


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.  C.S.S.B. 1309 would authorize technical
corrections necessary to complete the consolidation of the commission's
emergency order and enforcement authority. 

PURPOSE

As proposed, C.S.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 7.068, Water Code, to provide that payment of an
administrative penalty under this subchapter precludes any other civil
penalty for the same violation and precludes any criminal penalty for the
same violation unless the commission, before the payment of the
administrative penalty, has provided notice to the alleged violator of the
agency's intent to prosecute criminally.  Deletes text providing that
payment of an administrative penalty is full and complete satisfaction of
the violation. 

SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 commission 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 violation or
threat of violation of Chapter 366, Health and Safety Code, under the
commission's jurisdiction or a rule adopted or an order or a permit issued
under that chapter has occurred or is occurring in the jurisdiction of a
local government.  Deletes text providing 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, has occurred, a person affected  may institute a civil
suit in the same manner as the commission, rather than in a district court.

SECTION 8. 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 9. 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 10. 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 11. 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 12. Repealers: 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 13. Effective date: September 1, 1999.

SECTION 14. Makes application of this Act prospective.  Provides that the
change in law relating to court jurisdiction made by Section 7.351, Water
Code, prevails over an amendment to that section by any other Act of the
76th Legislature, Regular Session, 1999, regardless of the relative dates
of enactment. 

SECTION 15. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.  

Amends Section 7.068, Water Code, to provide that payment of an
administrative penalty under this subchapter precludes any other civil
penalty for the same violation and precludes any criminal penalty for the
same violation unless the commission, before the payment of the
administrative penalty, has provided notice to the alleged violator of the
agency's intent to prosecute criminally.  Deletes text providing that
payment of an administrative penalty is full and complete satisfaction of
the violation.  Redesignates existing SECTIONS accordingly. 

SECTION 7.

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 commission 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 violation or threat of
violation of Chapter 366, Health and Safety Code, under the commission's
jurisdiction or a rule adopted or an order or a permit issued under that
chapter has occurred or is occurring in the jurisdiction of a local
government.   Deletes text providing 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, has occurred, a person affected  may institute a civil
suit in the same manner as the commission, rather than in a district court.

SECTION 14.

Provides that the change in law relating to court jurisdiction made by
Section 7.351, Water Code, prevails over an amendment to that section by
any other Act of the 76th Legislature, Regular Session, 1999, regardless of
the relative dates of enactment.