SRC-TJG H.B. 1005 78(R) BILL ANALYSIS Senate Research Center H.B. 1005 By: Haggerty (Fraser) Natural Resources 5/16/2003 Engrossed DIGEST AND PURPOSE In H.B. 2912, the 77th Texas Legislature added Section 5.5145 to the Texas Water Code imposing a requirement that the Texas Commission on Environmental Quality (TCEQ) must issue an emergency order to suspend all operations of a rock crusher or certain types of concrete plants operating without the necessary permits. The legislature also amended Section 7.052 of the Water Code to impose a mandatory $10,000 per day penalty for the operation of a rock crusher or concrete plant without a permit. H.B. 1005 conforms provisions slating to rock crushers and concrete plants to similar statutes involving emergency orders by making the emergency shut-down order permissive rather than mandatory. This bill also makes the $10,000 penalty the maximum amount that may be imposed by the agency on a per day basis, which again is consistent with other statutes and agency practice. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.5145, Water Code, as follows: Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. Authorizes, rather than requires, the Texas Commission on Environmental Quality to issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing and is required to obtain a permit under Section 382.0518 (Preconstruction Permit), Health and Safety Code, and is operating without the necessary permit. SECTION 2. Amends Section 7.052(b), Water Code, to (b) Prohibits, rather than provides that, the amount of the penalty for operating a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing, that is required to obtain a permit under Section 382.0518, Health and Safety Code, and that is operating without the required permit from exceeding, rather than is, $10,000. Provides that each day, for a maximum of 10 days, that a continuing violation may be considered, rather than is, a separate violation SECTION 3. (a) Effective date: upon passage or September 1, 2003. (b) Makes the application of the changes in law made by Sections 5.5145 and 7.052(b), Water Code, as amended by this Act, prospective.