By: Bonnen (Senate Sponsor - Averitt) H.B. No. 3780

(In the Senate - Received from the House May 14, 2007; May 15, 2007, read first time and referred to Committee on Natural Resources; May 21, 2007, reported favorably by the following vote: Yeas 10, Nays 1; May 21, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to initiation of enforcement by the Texas Commission on Environmental Quality for violations based on information received from a private individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.0025, Water Code, is amended by adding Subsection (e) to read as follows:

(e) If the commission 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. For all other violations that do not require initiation of formal enforcement, the commission shall not include in the enforcement action the following:

(1) violations that are not repeat violations due to the same root cause from two consecutive investigations within the most recent five-year period; or

(2) violations that have been corrected within the time frame specified by the commission or for which the facility has not had the time specified by the commission to correct the violations.

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, 2007.

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