79R1570 SGA-D

By:  Burnam                                                       H.B. No. 2934


A BILL TO BE ENTITLED
AN ACT
relating to the authority of the attorney general to enforce certain environmental matters. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 7, Water Code, is amended by adding Section 7.0027 to read as follows: Sec. 7.0027. PETITION FOR ENFORCEMENT BY ATTORNEY GENERAL. (a) An individual may petition the attorney general to initiate an enforcement action on an environmental matter within the commission's jurisdiction under Section 7.002. (b) The petition must include detailed information concerning an alleged past, ongoing, or threatened violation of a statute, of a commission rule or order, or of a permit issued by the commission. The petition must allege that the commission has considered the violation and has failed or is failing to adequately enforce the underlying statute, rule, order, or permit. To the extent of the petitioner's knowledge, the petition must include: (1) the name and address of any entity participating in the alleged violation; (2) each statute, rule, order, or permit provision allegedly violated; (3) the exact nature, date, and location of the alleged violation; (4) the date the commission considered the alleged violation; (5) the final decision of the commission concerning the alleged violation; (6) the petitioner's name, address, and phone number; and (7) the reason the petitioner considers the commission's response to the alleged violation inadequate. (c) Failure to complete an item under Subsection (b) does not invalidate a petition. (d) A petitioner must submit the petition to the attorney general not later than the 90th day after the date on which the commission made its final decision concerning the alleged violation. (e) Any applicable statute of limitations is tolled from the date a petition is filed under this section until the date on which the attorney general notifies the individual whether the petition's allegations justify initiating an enforcement action. The attorney general must notify the petitioner not later than the 90th day after the date on which the attorney general receives the petition. (f) If the attorney general finds during the investigation of the petition's claim that there is justification for an enforcement action, the attorney general shall file suit or initiate criminal prosecution as appropriate in district court to restrain or enjoin an ongoing or threatened violation, to recover on behalf of the state a penalty or fine provided by statute, to pursue both injunctive relief and a penalty or fine, and to enforce any other provision of the applicable statute. (g) Venue of a civil or criminal enforcement action under this section is in: (1) the county in which the violation is alleged to have occurred, to be occurring, or to be about to occur; (2) the county in which the defendant resides; or (3) Travis County. (h) The attorney general shall inform the commission of the attorney general's intention to initiate an enforcement action under this section not later than the 90th day before the date on which the suit is filed or criminal prosecution is initiated. (i) The attorney general may bring an action for criminal prosecution under this section jointly with the appropriate prosecuting attorney for an involved local government. A fine, penalty, or settlement recovered under joint action under this subsection whether recovered through any form of pretrial resolution, plea agreement, or sentencing after trial, shall be apportioned 70 percent to the state to cover the costs of the action, including pretrial investigations, attorneys' fees, and expert witness fees, and 30 percent to any involved local government. SECTION 2. 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, 2005.