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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1594 passed the Senate on
April 19, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1594 passed the House on
May 3, 1999, by the following vote: Yeas 138, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor