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A BILL TO BE ENTITLED
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AN ACT
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relating to initiation of enforcement by the Texas Commission on |
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Environmental Quality for violations based on information received |
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from a private individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.0025, Water Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) If the commission determines that there are multiple |
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violations based on information it receives from a private |
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individual, only those that require initiation of formal |
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enforcement will be included in any proposed enforcement action. |
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For all other violations that do not require initiation of formal |
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enforcement, the commission shall not include in the enforcement |
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action the following: |
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(1) violations that are not repeat violations due to |
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the same root cause from two consecutive investigations within the |
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most recent five-year period; or |
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(2) violations that have been corrected within the |
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time frame specified by the commission or for which the facility has |
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not had the time specified by the commission to correct the |
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violations. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |