SRC-JLB S.B. 1361 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1361
78R6746 MI-DBy: Staples
Natural Resources
4/8/2003
As Filed


DIGEST AND PURPOSE 

The Texas Water Code gives the Texas Commission on Environmental Quality
(TCEQ) the authority to conduct a citizen's evidence program.  This
program allows a private individual to independently collect and submit
evidence of environmental violations to TCEQ.  The evidence may be used to
initiate a TCEQ investigation or in enforcement proceeding.  As proposed,
S.B. 1361 allows citizens to submit evidence to TCEQ to initiate an
investigation but prohibits the evidence from being used in enforcement
proceedings. 

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 Sections 7.0025(c) and (d), Water Code, as follows:
 
(c)  Authorizes the Texas Commission on Environmental Quality (TCEQ) by
rule to adopt criteria for the executive director to use in evaluating the
value and credibility of information received from a private individual.
Deletes text including the use of information in an enforcement action. 

(d)  Prohibits TCEQ from using information received from a private
individual or testimony by the private individual regarding that
information as evidence in an enforcement action.  Deletes text relating
to a private individual who submits information. 

SECTION 2.  (a)  Effective date:  upon passage or September 1, 2003.
 
 (b)  Makes application of this Act prospective.