76R13353 SMH-D                           
         By Maxey, Chisum                                      H.B. No. 3281
         Substitute the following for H.B. No. 3281:
         By Zbranek                                        C.S.H.B. No. 3281
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a state agency to report to a
 1-3     regulated entity on violations of certain environmental or health
 1-4     and safety laws in order to help prevent future violations.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  The Texas Environmental, Health, and Safety Audit
 1-7     Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is
 1-8     amended by adding Section 14 to read as follows:
 1-9           Sec. 14.  AUTHORITY OF STATE AGENCY TO REPORT TO REGULATED
1-10     ENTITY ON VIOLATIONS.  (a) Notwithstanding Section 5 of this Act, a
1-11     state agency to which violations of environmental or health and
1-12     safety laws are disclosed under this Act may, on request, provide a
1-13     regulated entity or an entity representing regulated entities a
1-14     summary of common and significant violations of those laws by
1-15     regulated entities in order to help prevent future violations.  A
1-16     summary of violations is not required to include any violation
1-17     disclosed to the agency before September 1, 1999.
1-18           (b)  This section does not authorize a state agency to
1-19     disclose information that would permit identification of a
1-20     violation by any particular person.
1-21           SECTION 2.  Chapter 1, Title 71, Revised Statutes, is amended
1-22     by adding Article 4447dd to read as follows:
1-23           Art. 4447dd.  AUTHORITY OF STATE AGENCY TO REPORT TO
1-24     REGULATED ENTITIES ON VIOLATIONS.  A state agency may provide to
 2-1     regulated entities summaries of common and significant violations
 2-2     of environmental or health and safety laws, other than violations
 2-3     disclosed to the agency under the Texas Environmental, Health, and
 2-4     Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil
 2-5     Statutes), in order to help prevent future violations.  A summary
 2-6     of violations is not required to include any violation that came to
 2-7     the agency's attention before September 1, 1999.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended,
2-13     and that this Act take effect and be in force from and after its
2-14     passage, and it is so enacted.