SRC-TJG S.B. 1265 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1265
By: Armbrister
Natural Resources
3/30/2003
As Filed


DIGEST AND PURPOSE 

Until 1997, the predecessor agency to the Texas Commission on
Environmental Quality (TCEQ) and the Office of the Attorney General (OAG)
were required to be involved in a decision to criminally prosecute
violations of the Texas Clean Air Act.  Currently, no such process is
required under any state environmental crime provisions.  As proposed,
S.B. 1265 reestablishes a requirement that TCEQ and OAG confer and
recommend criminal prosecution of Texas environmental laws and regulations
before the initiation of prosecution.  This bill only applies to cases in
which the potential defendant holds a permit by TCEQ or employed by a
person holding such a permit. 

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.  PURPOSE.  Provides that the purpose of this Act is to ensure
statewide consistency in the interpretation and enforcement of
environmental laws. 

SECTION 2.  Amends Chapter 7E, Water Code, by adding Section 7.203, as
follows: 

Sec. 7.203.  INITIATION OF PROSECUTION.  (a) Requires the Texas Commission
on Environmental Quality (TCEQ) or the executive director of TCEQ to
consult with the attorney general concerning possible criminal prosecution
of any alleged violation under this code, the Health and Safety Code, or
any other statute or permit that is within TCEQ's jurisdiction.
Authorizes the attorney general to institute the procedures established by
Subsection (b), in response to the specific request of TCEQ or the
executive director. 

(b) Authorizes the attorney general, after evaluating an alleged violation
as described by Subsection (a), to take certain actions. 

(c) Provides that performance of the acts described by Subsections (a) and
(b) by the appropriate individuals in accordance with those subsections is
a condition precedent to the filing of criminal charges by any prosecuting
attorney for an alleged violation under this code, the Health and Safety
Code, or any other statute or permit that is within TCEQ's jurisdiction,
if the potential defendant holds a permit issued by TCEQ or is employed by
a person holding such permit. 
 
(d) Requires TCEQ and the attorney general, in making an evaluation and
recommendation for initiation of prosecution under this section, to
consider the factors prescribed in Section 7.053 (Factors to be Considered
in Determination of Penalty) and whether available administrative or civil
remedies would adequately address the alleged violation. 

SECTION 3.  Effective date: upon passage or September 1, 2003.