Amend CSHB 2877 in SECTION 3 of the bill, in amended Section
7.0025, Water Code, by striking amended Subsections (b) and (c)
(Senate committee printing page 2, lines 6-35) and substituting the
following:
(b) The commission may initiate an enforcement action on a
matter under its jurisdiction under this code or the Health and
Safety Code based on any credible evidence, including information
the commission [it] receives from a private individual if that
information, by itself or in combination with the commission's
evidence, in the commission's judgment, is of sufficient value and
credibility to warrant the initiation of an enforcement action.
(c) [(b)] The executive director or the executive
director's designated representative may evaluate the value and
credibility of information received from a private individual and
the merits of any proposed enforcement action based on that
information. In evaluating information under this subsection, the
executive director or the executive director's designated
representative shall consider the following criteria:
(1) whether the individual providing the information
is willing to:
(A) submit a sworn affidavit attesting to the
facts that constitute the alleged violation and authenticating any
writings, recordings, or photographs provided by the individual;
and
(B) testify in any enforcement proceedings
regarding the alleged violation;
(2) whether any physical or sampling data submitted by
an individual to prove one or more elements of an enforcement case
was collected or gathered in accordance with relevant commission
protocols; and
(3) whether the individual submitting the physical or
sampling data is willing to submit a sworn affidavit that the
relevant commission protocols were followed when collecting the
data.