78R4535 JTS-D
By: Smith of Harris H.B. No. 1249
A BILL TO BE ENTITLED
AN ACT
relating to environmental testing laboratories.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.127, Water Code, as added by Chapter
965, Acts of the 77th Legislature, Regular Session, 2001, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) The commission may accept for use in commission
decisions data and analysis prepared by:
(1) an on-site or in-house environmental testing
laboratory if the laboratory:
(A) is periodically inspected by the commission;
or
(B) is located out-of-state and is accredited and
inspected periodically by the other state's environmental
regulatory agency;
(2) an environmental testing laboratory that is
accredited under federal law; or
(3) if the data and analysis are necessary for
emergency response activities and the required data and analysis
are not otherwise available, an environmental testing laboratory
that is not accredited by the commission under Subchapter R or under
federal law.
(e) For the purposes of Subsection (b)(1), "on-site
laboratory" includes a laboratory operated on a site shared by one
or more entities, regardless of which entity owns or operates the
laboratory.
SECTION 2. Subchapter R, Chapter 5, Water Code, is amended
by adding Section 5.808 to read as follows:
Sec. 5.808. ENVIRONMENTAL LABORATORY OPERATED BY
PUBLIC-PRIVATE PARTNERSHIP. A laboratory accredited under this
subchapter that is operated by a public-private partnership may
perform work without compensation for a governmental or charitable
organization.
SECTION 3. This Act takes effect September 1, 2003.