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.