BILL ANALYSIS

 

 

                                                                                                                                              S.B. 739

                                                                                                                                            By: Lucio

                                                                                                                  Environmental Regulation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, the Texas Commission on Environmental Quality (TCEQ) does not have the authority

to provide for payment plans in an enforcement order after a hearing has been held. The fined entity has to pay the amount in full.

 

Senate Bill 739 allows the TCEQ the discretion to establish an installment payment plan for

administrative penalties assessed against a regulated entity after a hearing.  This will help the TCEQ collect more money from fines.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Senate Bill 739 removes language from the Water Code to allow the Texas Commission on Environmental Quality to authorize an installment payment schedule for an administrative penalty assessed after a hearing.

 

EFFECTIVE DATE

 

September 1, 2005.