78R4535 JTS-D

By:  Smith of Harris                                              H.B. No. 1249

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.