BILL ANALYSIS
Senate Research Center H.B. 3780
By: Bonnen (Averitt)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 3780 provides that, if the Texas Commission on Environmental Quality (TCEQ) determines that there are multiple violations by a permittee based upon information received from a private individual, only those that require formal enforcement would be included in any proposed enforcement action. Also, violations that do not require formal enforcement would not be included in any enforcement action when those actions are reported to TCEQ by a private individual if they are not repeat violations and they have been corrected.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
[While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.]
SECTION 1. Amends Section 7.0025, Water Code, by adding Subsection (e), as follows:
(e) Provides that if the Texas Natural Resource Conservation Commission (TNRCC) determines that there are multiple violations based on information it receives from a private individual, only those that require initiation of formal enforcement will be included in any proposed enforcement action. Prohibits TNRCC, for all other violations that do not require initiation of formal enforcement, from including in the certain violations actions certain violations.
SECTION 2. Effective date: upon passage or September 1, 2007.