Amend CSSB 1952 (Senate committee printing) Article 28 by
adding new SECTION 28.04 and renumber subsequent sections
accordingly:
SECTION 28.04. Section 7.0025, Water Code, is amended to
read as follows:
Sec. 7.0025. INITIATION OF ENFORCEMENT ACTION USING
INFORMATION PROVIDED BY PRIVATE INDIVIDUAL. (a) The commission
may initiate an enforcement action on a matter under its
jurisdiction under this code or the Health and Safety Code based on
a combination of information the commission [it] receives from a
private individual and information developed by the commission if
that combined information, in the commission's judgment, is of
sufficient value and credibility to warrant the initiation of an
enforcement action.
(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) the individual providing the information must be
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; and
(2) if the executive director relies on any physical
or sampling data submitted by an individual to prove one or more
elements of an enforcement case, the individual submitting the
physical or sampling data must submit a sworn affidavit that the
individual followed relevant commission protocols when collecting
the data.
(c) The commission by rule may adopt additional criteria for
the executive director to use in evaluating the value and
credibility of information received from a private individual and
for use of that information in an enforcement action.
(d) A private individual who submits information on which
the commission relies for all or part of an enforcement case may be
called to testify in the enforcement proceedings and is subject to
all sanctions under law for knowingly falsifying evidence. If the
commission relies on the information submitted by a private
individual to prove an enforcement case, any physical or sampling
data must have been collected or gathered in accordance with
commission protocols. The commission is not required to call a
private individual who provides information on which the commission
relies unless doing so is essential to the enforcement action.
(e) The commission may not use information provided by a
private individual if the information was obtained by trespass or
another illegal act.
(f) Information provided by a private individual that is
used in an enforcement action is subject to the rules of evidence.