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By:  Armbrister                                                   S.B. No. 1265
	(In the Senate - Filed March 12, 2003; March 19, 2003, read 
first time and referred to Committee on Natural Resources; 
April 14, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; April 14, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1265                                   By:  Armbrister


A BILL TO BE ENTITLED

AN ACT


relating to prosecution of environmental crimes.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  PURPOSE.  The purpose of this Act is to ensure 
statewide consistency in the interpretation and enforcement of 
environmental laws.
	SECTION 2.  AMENDMENT.  Subchapter E, Chapter 7, Water Code, 
is amended by adding Section 7.203 to read as follows:
	Sec. 7.203.  CRIMINAL ENFORCEMENT REVIEW.  (a)  This section 
is applicable to criminal prosecution of alleged environmental 
violations of this code, of the Health and Safety Code, or of any 
other statute, rule, order, permit, or other decision of the 
commission that is within the commission's jurisdiction committed 
by a defendant holding a permit issued by the commission or a 
defendant employed by a person holding such a permit.  It is an 
exception to the application of this section that the alleged 
environmental violation clearly involves imminent danger of death 
or bodily injury under an endangerment offense specified in Section 
7.252.
	(b)  Before a peace officer, as that term is defined in 
Section 7.193 or Chapter 2, Code of Criminal Procedure, may refer 
any alleged criminal environmental violation of this code, of the 
Health and Safety Code, or of any other statute, rule, order, 
permit, or other decision of the commission that is within the 
commission's jurisdiction to a prosecuting attorney for criminal 
prosecution, the peace officer shall notify the commission in 
writing of the alleged criminal environmental violation and include 
with the notification a report describing the facts and 
circumstances of the alleged criminal environmental violation.
	(c)  As soon as practicable and in no event later than the 
60th day after receiving a notice and report under Subsection (b), 
the commission shall evaluate the report and determine whether an 
alleged environmental violation exists and whether administrative 
or civil remedies would adequately and appropriately address the 
alleged environmental violation.  In making its evaluation and 
determination, the commission shall consider the factors 
prescribed in Section 7.053.
	(d)  If the commission determines that an alleged 
environmental violation exists and that administrative or civil 
remedies are inadequate or inappropriate to address the violation, 
the commission shall notify the peace officer in writing of the 
reasons why administrative or civil remedies are inadequate or 
inappropriate and recommending criminal prosecution.  In all other 
cases, the commission shall issue written notification to the peace 
officer that the alleged environmental violation is to be resolved 
through administrative or civil means by the appropriate 
authorities.
	(e)  Any fine, penalty, or settlement recovered through a 
prosecution subject to this section and brought in the name and by 
authority of the State of Texas, whether recovered through any form 
of pretrial resolution, plea agreement, or sentencing after trial, 
shall be apportioned 80 percent to the state to cover the costs of 
instituting the procedures and requirements of Subsections (a)-(d) 
and 20 percent to any local government significantly involved in 
prosecuting the case.  In a case where the procedures described in 
this section do not apply, the provisions of Section 7.190 apply.
	SECTION 3.  TRANSITION.  Not later than six months after the 
effective date of this Act, the Texas Commission on Environmental 
Quality by rule shall establish procedures to fulfill the 
requirements of Subsections (a) through (d), Section 7.203, Water 
Code, as added by this Act, and to ensure an objective and unbiased 
process.
	SECTION 4.  EFFECTIVE DATE.  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.



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