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.