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Amend CSHB 7 by striking Section 9.01 of the bill and
substituting:
SECTION 9.01. (a) It is the policy of this state to be
effective and efficient with public funds, to provide for effective
and efficient management of natural resources, to provide for
effective and consistent enforcement of state and federal laws, to
protect the health and safety of the people of this state, to
promote fair economic development, and to serve the people of this
state by making the government more visible, accessible, coherent,
consistent, and accountable to the people of this state. The
legislature finds that the Texas Commission on Environmental
Quality's procedures for processing permits is cumbersome,
confusing, lengthy, and inefficient for citizens, business,
political subdivisions, and the commission and finds that the
commission's procedures for assessing and enforcing penalties for
noncompliance with state and federal environmental laws may need to
be updated and strengthened to deter noncompliance.
(b) The Texas Commission on Environmental Quality's
permitting and enforcement processes warrant, and the legislature
directs, an in-depth evaluation, including the identification of
problems, potential options, and solutions. The evaluation must
solicit and consider input from all stakeholders, and the
evaluation process must include public hearings and the opportunity
for submission of written and oral comments. At least two of the
public hearings must be held in affected communities outside the
greater Austin area. The solutions identified in the final
assessment of the commission's permitting and enforcement
processes must ensure that:
(1) all relevant environmental protection standards
are maintained at a level that at least equals the current level;
(2) the commission's permitting processes are
streamlined;
(3) the commission's permitting processes are
user-friendly to citizens and promote sound economic development;
(4) the commission's enforcement procedures and
penalties for noncompliance reflect any potential economic benefit
to the offender;
(5) the commission's enforcement procedures account
for the full cost to human health of noncompliance;
(6) the division of responsibility between the
commission and the office of the attorney general is efficient and
effectively obtains the maximum degree of environmental compliance
possible; and
(7) all stakeholder concerns are considered.
(c) The comptroller of public accounts shall conduct the
evaluation and final assessment required by Subsection (b) of this
section and shall submit the comptroller's findings not later than
December 1, 2004, to the governor, the lieutenant governor, the
speaker of the house of representatives, the Texas Commission on
Environmental Quality, and the presiding officer of the standing
committee of each house of the legislature that has primary
jurisdiction over environmental issues.
(d) It is the intent of the legislature to effectuate the
appropriate solutions through legislation at the earliest
opportunity after receipt of the comptroller's final assessment.