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.