By Brown                                              S.B. No. 1309
         76R9246 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the clarification of issues involved in consolidation
 1-3     of the  enforcement authority of the Texas Natural Resource
 1-4     Conservation Commission.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 7.002, Water Code, is amended to read as
 1-7     follows:
 1-8           Sec. 7.002.  ENFORCEMENT AUTHORITY.  (a)  The commission may
 1-9     initiate an action under this chapter to enforce provisions of this
1-10     code and the Health and Safety Code within the commission's
1-11     jurisdiction as provided by Section 5.013 of this code and rules,
1-12     orders, permits, or other decisions adopted under those
1-13     provisions.  The commission or the executive director may institute
1-14     legal proceedings to compel compliance with the relevant provisions
1-15     of this code  and the Health and Safety Code and rules, orders,
1-16     permits, or other decisions of the commission.
1-17           (b)  The commission may call and hold a public hearing and
1-18     issue orders on an alleged violation under this code or the Health
1-19     and Safety Code within the commission's jurisdiction or under a
1-20     rule, order, permit, or other decision of the commission, or take
1-21     any other action authorized by this chapter as the facts may
1-22     warrant.
1-23           (c)  The commission may  administer oaths, receive evidence
1-24     at the hearing, issue subpoenas to compel the attendance of
 2-1     witnesses and the production of papers and documents related to the
 2-2     hearing, and make findings of fact and decisions with respect to
 2-3     administering the provisions of this code and the Health and Safety
 2-4     Code within the commission's jurisdiction or the rules, orders, or
 2-5     other decisions of the commission.
 2-6           SECTION 2.  Section 7.107, Water Code, is amended to read as
 2-7     follows:
 2-8           Sec. 7.107.  DIVISION OF CIVIL PENALTY.  (a)  Except in a
 2-9     suit brought for a violation of Chapter 28 of this code or of
2-10     Chapter 401, Health and Safety Code, a civil penalty recovered in a
2-11     suit brought under this subchapter by a local government shall be
2-12     equally divided between:
2-13                 (1)  the state; and
2-14                 (2)  the local government that brought the suit.
2-15           (b)  The state shall deposit its part of a penalty recovered
2-16     in a suit brought by a local government for a violation of Chapter
2-17     371, Health and  Safety Code, or a rule or order adopted under that
2-18     chapter to the credit of the used oil recycling account.
2-19           SECTION 3.  Section 7.141, Water Code, is amended to read as
2-20     follows:
2-21           Sec. 7.141.  DEFINITIONS.  In this subchapter:
2-22                 (1)  "Air contaminant" has the meaning assigned by
2-23     Section 382.003, Health and Safety Code.
2-24                 (2)  "Appropriate regulatory agency" means the
2-25     commission, the Texas Department of Health, or any other agency
2-26     authorized to regulate the handling and disposal of medical waste.
2-27                 (3)  "Class I industrial solid waste" has the meaning
 3-1     assigned by Section 361.003, Health and Safety Code.
 3-2                 (4)  "Class I nonhazardous industrial solid waste" has
 3-3     the meaning assigned by Section 361.003, Health and Safety Code.
 3-4                 (5) [(2)]  "Corporation" and "association" have the
 3-5     meanings assigned by  Section 1.07, Penal Code, except that the
 3-6     terms do not include a government.
 3-7                 (6)  "Discharge" has the meaning assigned by Section
 3-8     26.001 to the term "to discharge."
 3-9                 (7)  "Hazardous waste" has the meaning assigned by
3-10     Section 361.003, Health and Safety Code.
3-11                 (8)  "Industrial solid waste" has the meaning assigned
3-12     by Section 361.003, Health and Safety Code.
3-13                 (9) [(3)]  "Large quantity generator" means a person
3-14     who generates more than 50 pounds of medical waste each month.
3-15                 (10) [(4)]  "Medical waste" includes animal waste, bulk
3-16     blood and blood products, microbiological waste, pathological
3-17     waste, sharps, and special waste from health care-related
3-18     facilities as those terms are defined in  25 T.A.C. Section 1.132
3-19     (Texas Department of Health, Definition, Treatment, and Disposition
3-20     of Special Waste from Health Care-Related Facilities). The term
3-21     does not include medical waste produced on farmland and ranchland
3-22     as defined by  Section 252.001(6), Agriculture Code.
3-23                 (11)  "Municipal solid waste" has the meaning assigned
3-24     by Section 361.003, Health and Safety Code.
3-25                 (12)  "On-site sewage disposal system" has the meaning
3-26     assigned by Section 366.002, Health and Safety Code.
3-27                 (13)  "Point source" has the meaning assigned by
 4-1     Section 26.001.
 4-2                 (14)  "Pollutant" has the meaning assigned by Section
 4-3     26.001.
 4-4                 (15)  "Pollution" has the meaning assigned by:
 4-5                       (A)  Section 26.001 of this code with regard to
 4-6     water; and
 4-7                       (B)  Section 361.003, Health and Safety Code,
 4-8     with regard to solid waste.
 4-9                 (16)  "Processing" has the meaning assigned by:
4-10                       (A)  Section 361.003, Health and Safety Code,
4-11     with regard to solid waste;
4-12                       (B)  Section 371.003, Health and Safety Code,
4-13     with regard to used oil; or
4-14                       (C)  Section 401.003, Health and Safety  Code,
4-15     with regard to radioactive waste.
4-16                 (17)  "Release" has the meaning assigned by Section
4-17     361.003, Health and Safety Code.
4-18                 (18) [(5)]  "Serious bodily injury" has the meaning
4-19     assigned by Section 1.07, Penal Code.
4-20                 (19) [(6)]  "Small quantity generator" means a person
4-21     who generates 50 pounds or less of medical waste each month.
4-22                 (20)  "Solid waste" has the meaning assigned by Section
4-23     361.003, Health and Safety Code.
4-24                 (21)  "Solid waste facility" has the meaning assigned
4-25     by Section 361.003, Health and Safety Code.
4-26                 (22)  "Underground storage tank" has the meaning
4-27     assigned by Section 26.342.
 5-1                 (23)  "Used oil" has the meaning assigned by Section
 5-2     371.003, Health and Safety Code.
 5-3                 (24)  "Waste" has the meaning assigned by Section
 5-4     26.001.
 5-5                 (25)  "Water" has the meaning assigned by Section
 5-6     26.001.
 5-7           SECTION 4.  Section 7.173, Water Code, is amended to read as
 5-8     follows:
 5-9           Sec. 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL [NEAR
5-10     INTERNATIONAL BORDER].  (a)  A person commits an offense if the
5-11     person violates a rule adopted by the commission under Chapter 366,
5-12     Health and Safety Code, or an order or resolution adopted by an
5-13     authorized agent under Subchapter C, Chapter 366, Health and Safety
5-14     Code[, in a county that is contiguous to an international border].
5-15           (b)  Except as provided by this subsection, an offense under
5-16     this section is a Class C misdemeanor.  If it is shown on the trial
5-17     of the defendant that the defendant has been previously convicted
5-18     of an offense under this section, the offense is punishable under
5-19     Section 7.187(1)(A) or Section 7.187(2)(A) or both.
5-20           SECTION 5.  Section 7.187, Water Code, is amended to read as
5-21     follows:
5-22           Sec. 7.187.  PENALTIES.  (a)  A person convicted of an
5-23     offense under this subchapter is punishable by:
5-24                 (1)  a fine, as imposed under the section creating the
5-25     offense, of:
5-26                       (A)  not more than $1,000;
5-27                       (B)  not less than $1,000 or more than $50,000;
 6-1                       (C)  not less than $1,000 or more than $100,000;
 6-2                       (D)  not less than $1,000 or more than $250,000;
 6-3                       (E)  not less than $2,000 or more than $500,000;
 6-4                       (F)  not less than $5,000 or more than
 6-5     $1,000,000;
 6-6                       (G)  not less than $10,000 or more than
 6-7     $1,500,000; or
 6-8                       (H)  not more than twice the amount of the
 6-9     required fee;
6-10                 (2)  confinement or imprisonment for a period, as
6-11     imposed by the section creating the offense, of [not to exceed]:
6-12                       (A)  not more than 30 days in jail;
6-13                       (B)  not more than 90 days in jail;
6-14                       (C)  not more than 180 days in jail;
6-15                       (D)  not more than one year or less than 180 days
6-16     in a state jail;
6-17                       (E)  not more than two years or less than 180
6-18     days in a state jail or in the institutional division;
6-19                       (F)  not more than five years or less than two
6-20     years in the institutional division;
6-21                       (G)  not more than 10 years or less than two
6-22     years in the institutional division;
6-23                       (H)  not more than 15 years or less than two
6-24     years in the institutional division;
6-25                       (I)  not more than 20 years or less than two
6-26     years in the institutional division; or
6-27                       (J)  not more than 30 years or less than two
 7-1     years in the institutional division; or
 7-2                 (3)  both fine and confinement or imprisonment, as
 7-3     imposed by the section creating the offense.
 7-4           (b)  In this section, "institutional division" has the
 7-5     meaning assigned by Section 1.07, Penal Code.
 7-6           SECTION 6.  Section 7.351, Water Code, is amended to read as
 7-7     follows:
 7-8           Sec. 7.351.  CIVIL SUITS.  If it appears that a violation or
 7-9     threat of violation of Chapter 16, 26, 28, or 34 of this code, [or]
7-10     Chapter 361, 371, 372, or 382, Health and Safety Code, a provision
7-11     of  Chapter 366, Health and Safety Code, under the jurisdiction of
7-12     an authorized agent as defined by Section 366.002, Health and
7-13     Safety Code, [or] a provision of Chapter 401, Health and Safety
7-14     Code, under the commission's jurisdiction, or a rule adopted or an
7-15     order or a permit issued under those chapters or provisions has
7-16     occurred or is occurring in the jurisdiction of a local government,
7-17     the local government or, in the case of a violation of Chapter 401,
7-18     Health and Safety Code, a person affected as defined in that
7-19     chapter, may institute a civil suit under Subchapter D in the same
7-20     manner as the commission [in a district court] by its own attorney
7-21     for the injunctive relief or civil penalty, or both, as authorized
7-22     by this chapter against the person who committed, is committing, or
7-23     is threatening to commit the violation.
7-24           SECTION 7.  Sections 361.017(d) and (e), Health and Safety
7-25     Code, are amended to read as follows:
7-26           (d)  In matters relating to industrial solid waste and
7-27     hazardous municipal waste, the commission shall[:]
 8-1                 [(1)]  consider the public health aspects and the air
 8-2     pollution control and ambient air quality aspects[; and]
 8-3                 [(2)  consult with the attorney general's office for
 8-4     assistance in determining whether referral to the attorney general
 8-5     for enforcement is mandatory under Section 361.224 or whether
 8-6     referral is appropriate, in the commission's discretion, for the
 8-7     disposition of enforcement matters under this chapter.]
 8-8           [(e)  If referral is determined to be mandatory or
 8-9     appropriate, the commission shall consult with the attorney
8-10     general's office for assistance in determining whether criminal or
8-11     civil enforcement action should be taken.  The commission shall use
8-12     all available enforcement options].
8-13           SECTION 8.  Section 366.016, Health and Safety Code, is
8-14     amended to read as follows:
8-15           Sec. 366.016.  EMERGENCY ORDERS.  The commission or
8-16     authorized agent may issue an emergency order concerning an on-site
8-17     sewage disposal system under Section 5.513 [5.517], Water Code.
8-18           SECTION 9.  Section 382.015(d), Health and Safety Code, is
8-19     amended to read as follows:
8-20           (d)  The commission is entitled to the remedies provided by
8-21     Subchapter L, Chapter 5, Water Code, and Subchapters B, C, and D,
8-22     Chapter 7, Water Code, [Sections 382.082-382.085] if a member,
8-23     employee, or agent is refused the right to enter public or private
8-24     property as provided by this section.
8-25           SECTION 10.  Section 382.023(b), Health and Safety Code, is
8-26     amended to read as follows:
8-27           (b)  If it appears that this chapter or a commission rule,
 9-1     order, or determination is being violated, the commission, or the
 9-2     executive director if authorized by the commission or this chapter,
 9-3     may proceed under Subchapter B, C, or D, Chapter 7, Water Code
 9-4     [Sections 382.082-382.084], or hold a public hearing and issue
 9-5     orders on the alleged violation, or take any other action
 9-6     authorized by this chapter as the facts may warrant.
 9-7           SECTION 11.  Sections 5.117, 7.068, and 26.2171, Water Code,
 9-8     and Section 371.043, Health and Safety Code, are repealed.
 9-9           SECTION 12.  This Act takes effect September 1, 1999.
9-10           SECTION 13.  (a)  The changes in law made by this Act apply
9-11     only to an offense or violation committed or an action commenced on
9-12     or after the effective date of this Act.  For purposes of this
9-13     section an offense or violation is committed before the effective
9-14     date of this Act if any element of the offense or violation occurs
9-15     before that date.
9-16           (b)  An offense or violation committed or an action commenced
9-17     before the effective date of this Act is covered by the law in
9-18     effect when the offense or violation was committed or the action
9-19     commenced, and the former law is continued in effect for that
9-20     purpose.
9-21           SECTION 14.  The importance of this legislation and the
9-22     crowded condition of the calendars in both houses create an
9-23     emergency and an imperative public necessity that the
9-24     constitutional rule requiring bills to be read on three several
9-25     days in each house be suspended, and this rule is hereby suspended.