78R5249 MI-D

By:  Miller                                                       H.B. No. 1357



A BILL TO BE ENTITLED

AN ACT

relating to requiring a person who files a complaint against a 
concentrated animal feeding operation to pay a deposit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended 
by adding Section 26.0288 to read as follows:
	Sec. 26.0288.  DEPOSIT REQUIRED FOR COMPLAINT AGAINST 
CONCENTRATED ANIMAL FEEDING OPERATION.  (a)  A person who files with 
the commission a complaint against a holder of a permit for a 
concentrated animal feeding operation must pay a $30 deposit at the 
time the complaint is filed.
	(b)  If the commission determines that the complaint was 
frivolous and filed for the purpose of harassing the permit holder, 
the commission shall deposit the deposit amount to the credit of the 
general revenue fund.  Money deposited under this subsection may be 
appropriated only for paying costs of investigating complaints 
against concentrated animal feeding operations.
	(c)  If the commission determines that the complaint is not 
frivolous, the commission shall return the deposit to the person 
who made the deposit not later than the 30th day after the date the 
determination is made.
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  Section 26.0288, Water Code, as added by this Act, 
applies only to a complaint filed with the Texas Commission on 
Environmental Quality on or after the effective date of this Act.