H.R. No. 2219



R E S O L U T I O N
	WHEREAS, Protection of the environment is a statewide 
concern, and the Texas Commission on Environmental Quality is the 
primary environmental agency charged with protecting the 
environment of the state; and
	WHEREAS, The Texas Clean Air Act (Section 382.115, Health and 
Safety Code) provides that a local government may execute 
cooperative agreements with the commission or with other local 
governments to provide for the performance of air quality 
management, inspection, and enforcement functions and to provide 
technical aid and educational services to a party to the agreement; 
and
	WHEREAS, The commission uses various tools, including agreed 
orders and consent agreements, to maintain compliance with 
applicable laws, rules, orders, and permits concerning air 
emissions at individual sources; and
	WHEREAS, The actions of local governments should not impede 
or attempt to preempt the efforts of the commission to regulate, 
preserve, and protect the state's environment; now, therefore, be 
it
	RESOLVED, That the House of Representatives of the 79th Texas 
Legislature hereby finds that an entity entering into a cooperative 
agreement with the Texas Commission on Environmental Quality may 
not exercise its enforcement authority against a person under 
Section 382.115, Health and Safety Code, or under any other law, if 
the commission is exercising or has exercised its authority to 
bring the person into compliance with applicable laws, rules, 
orders, and permits concerning air emissions.

                                                                          Chisum

                                                  ______________________________
                                                       Speaker of the House     

	I certify that H.R. No. 2219 was adopted by the House on May 
29, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House