By:  Brown                                            S.B. No. 1594
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to assistance to small businesses regulated by the Texas
 1-2     Natural Resource Conservation Commission through its regulatory
 1-3     flexibility programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 5.123, Water Code, as added by Chapter
 1-6     1203, Acts of the 75th Legislature, Regular Session, 1997, is
 1-7     amended by adding Subsection (h) to read as follows:
 1-8           (h)  In implementing the program of regulatory flexibility
 1-9     authorized by this section, the commission shall:
1-10                 (1)  market the program to businesses in the state
1-11     through all available appropriate media;
1-12                 (2)  endorse alternative methods that will benefit the
1-13     environment and impose the least onerous restrictions on business;
1-14                 (3)  fix and enforce environmental standards, allowing
1-15     businesses flexibility in meeting the standards in a manner that
1-16     enhances environmental outcomes; and
1-17                 (4)  work to achieve consistent and predictable results
1-18     for the regulated community and shorter waits for permit issuance.
1-19           SECTION 2.  Subchapter D, Chapter 5, Water Code, is amended
1-20     by adding Section 5.125 to read as follows:
1-21           Sec. 5.125.  COST-SHARING FOR ENVIRONMENTAL COMPLIANCE
1-22     ASSESSMENTS BY CERTAIN BUSINESSES.  (a)  In this section,
1-23     "environmental compliance assessment" means an environmental
1-24     compliance audit, pollution prevention assessment, or environmental
 2-1     management system audit performed by a small business.  The term
 2-2     does not include an audit conducted under the Texas Environmental,
 2-3     Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's
 2-4     Texas Civil Statutes).
 2-5           (b)  The commission may implement cost-sharing to assist with
 2-6     payment of costs for an environmental compliance assessment
 2-7     performed by a business subject to regulation by the commission
 2-8     that employs at least 100 but not more than 250 individuals.
 2-9           SECTION 3.  Section 382.0365, Health and Safety Code, is
2-10     amended by adding a new Subsection (g) and redesignating existing
2-11     Subsection (g) as Subsection (h) to read as follows:
2-12           (g)  The commission may also assist under this program small
2-13     businesses that employ at least 100 but not more than 250
2-14     individuals.
2-15           (h)  In this section:
2-16                 (1)  "Program" means the small business stationary
2-17     source technical and environmental compliance assistance program.
2-18                 (2)  "Small business stationary source" has the meaning
2-19     assigned by Section 507(c) of the federal Clean Air Act (42 U.S.C.
2-20     Section 7661f), as added by Section 501 of the federal Clean Air
2-21     Act Amendments of 1990 (Pub.L. No. 101-549).
2-22           SECTION 4.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.