By Burnam H.B. No. 3083
77R9341 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the complaints received and the sanctions imposed by
1-3 the Texas Natural Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.177, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.177. NOTICE OF COMPLAINT. If a [written] complaint is
1-8 received by [filed with] the commission relating to an entity
1-9 regulated by the commission, the commission at least as frequently
1-10 as quarterly and until final disposition of the complaint shall
1-11 notify the parties to the complaint of:
1-12 (1) the status of the complaint unless notice would
1-13 jeopardize an undercover investigation; and
1-14 (2) the final disposition of the complaint, in writing
1-15 and in a manner understandable to a layperson.
1-16 SECTION 2. Subchapter E, Chapter 5, Water Code, is amended by
1-17 adding Sections 5.1771 and 5.1781 to read as follows:
1-18 Sec. 5.1771. PROMPT RESPONSE TO CERTAIN COMPLAINTS; REPORT
1-19 OF RESPONSE MEASURES. (a) The commission shall promptly respond to
1-20 a complaint received by the commission involving a potential threat
1-21 to public health and safety or to the environment and shall by rule
1-22 establish the time within which the commission must respond to and
1-23 investigate the complaint.
1-24 (b) The commission shall develop or acquire any resources
2-1 that the commission determines are necessary to comply with
2-2 Subsection (a).
2-3 (c) The commission shall file annually with the governor and
2-4 the presiding officer of each house of the legislature a written
2-5 report describing the resources that the commission determines are
2-6 necessary to ensure and improve the commission's responses to
2-7 complaints involving potential threats to public health and safety
2-8 or to the environment.
2-9 Sec. 5.1781. AGENCY PERFORMANCE INDICATORS. The commission
2-10 shall establish and track specific, measurable indicators of agency
2-11 performance, including:
2-12 (1) the number of notices of violation and enforcement
2-13 orders issued by the commission;
2-14 (2) the amount of administrative penalties assessed
2-15 and collected; and
2-16 (3) the number of licenses and permits suspended or
2-17 revoked.
2-18 SECTION 3. Not later than January 1, 2002, the Texas Natural
2-19 Resource Conservation Commission shall adopt all rules necessary to
2-20 implement this Act.
2-21 SECTION 4. This Act takes effect September 1, 2001.