By Puente                                              H.B. No. 532
         76R2745 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of an environmental hotline.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
 1-5     by adding Section 5.125 to read as follows:
 1-6           Sec. 5.125.  ENVIRONMENTAL HOTLINE; PAYMENTS.  (a)  The
 1-7     commission shall receive reports concerning violations or suspected
 1-8     violations of environmental laws through a state toll-free
 1-9     telephone line established by the commission's office of public
1-10     assistance.  The commission shall publicize the availability of
1-11     this telephone line.
1-12           (b)  The commission by rule shall provide for payment to a
1-13     person who reports information that substantially contributes to
1-14     obtaining the assessment of a criminal, civil, or administrative
1-15     penalty for the violation of an environmental law.  The payment
1-16     shall be in an amount equal to five percent of the fine or civil or
1-17     administrative penalty ordered or agreed to by the alleged violator
1-18     and collected by the state but not to exceed $500, if the fine or
1-19     penalty is attributable to information concerning a violation of an
1-20     environmental law reported to the state by the person through use
1-21     of the toll-free telephone line or otherwise.
1-22           (c)  The state or local attorney in charge of the criminal
1-23     prosecution of an alleged violator or the action to recover a civil
1-24     or administrative penalty from an alleged violator shall determine
 2-1     whether information concerning the violation substantially
 2-2     contributed to obtaining the assessment of a criminal, civil, or
 2-3     administrative penalty or an agreement with the alleged violator
 2-4     for the payment of a fine or penalty.
 2-5           (d)  The commission by rule shall provide that an amount
 2-6     equal to not more than five percent of the total amount of fines or
 2-7     civil or administrative penalties assessed by the state or agreed
 2-8     to by the alleged violator and collected by the state in a fiscal
 2-9     year for an alleged violation of an environmental law shall be
2-10     deposited into a special account in the general revenue fund to be
2-11     used only for the investigation of alleged violations of
2-12     environmental law and for payments authorized under this section.
2-13           (e)  If necessary to assure no net loss of revenues from
2-14     administrative penalties assessed by the commission and paid to the
2-15     general revenue fund, the executive director shall adjust the rate
2-16     of the commission's deferral of administrative penalties to provide
2-17     the necessary funding for the special account authorized by
2-18     Subsection (d).
2-19           (f)  In this section, "environmental law" means a state or
2-20     local statute, rule, order, ordinance, or other law that prohibits
2-21     conduct that may result in pollution of the environment.
2-22           SECTION 2.  Not later than December 1, 1999, the Texas
2-23     Natural Resource Conservation Commission shall adopt the rules
2-24     required by Section 5.125, Water Code, as added by this Act.
2-25           SECTION 3.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.