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By: Jackson S.B. No. 934
A BILL TO BE ENTITLED
AN ACT
relating to use of certain environmental laboratory data and
analysis by the Texas Commission on Environmental Quality.
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 Subsections (a) and (b) and adding Subsection
(e) to read as follows:
(a) The commission may accept environmental testing
laboratory data and analysis for use in commission decisions
regarding any matter under the commission's jurisdiction relating
to permits or other authorizations, compliance matters,
enforcement actions, or corrective actions only if the data and
analysis is prepared by an environmental testing laboratory
accredited by the commission under Subchapter R or an environmental
testing laboratory described in Subsection (b) or (e).
(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 in another state and is accredited
or periodically inspected by that state;
(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) The commission may accept for use in commission
decisions data from an on-site or in-house laboratory if the
laboratory is performing the work:
(1) for another company with a unit located on the same
site; or
(2) without compensation for a governmental agency or
a charitable organization if the laboratory is periodically
inspected by the commission.
SECTION 2. This Act takes effect September 1, 2003.