LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

May 6, 2003

TO:	Honorable Dennis Bonnen, Chair, House Committee on Environmental Regulation
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB1416 by Christian (Relating to environmental standards applicable to certain small counties and fines or other penalties for violations of the standards.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would require that a penalty imposed by the Texas Commission on Environmental Quality (TCEQ) on a county with a population of less than 75,000 for a violation of a statute, rule, order or permit may not exceed the amount of the penalty that would be imposed on the county for the violation of a federal rule, order, or permit for the same or similar type of violation if the violation subjects the county to a federal penalty. 

The bill also would require that a civil penalty imposed by a court on a county with a population less than 75,000 for a violation of a statute, rule, order, or permit under the commission's jurisdiction may not exceed the amount of the civil penalty that would be imposed on the county for the violation of a federal rule, order, or permit for the same or similar type of violation if the violation subjects the county to a federal penalty.

In addition, the bill would require that the TCEQ adopt standards under environmental statutes under the commission's jurisdiction so that each environmental standard applicable to counties under 75,000 population not be more stringent than comparable federal environmental standards.

Rulemaking duties by the TCEQ are not expected to result in significant costs to the agency.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

582 Commission on Environmental Quality

LBB Staff:

JK, CL, TL, KG