TO: | Honorable Tom Craddick, Speaker of the House, House of Representatives |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB147 by Phillips (Relating to the deferral of an administrative penalty imposed by the Texas Commission on Environmental Quality against certain utilities and districts.), As Passed 2nd House |
The bill would require the Texas Commission on Environmental Quality (TCEQ) to consider certain factors in determining whether deferral of an administrative penalty for a municipally owned utility that is under enforcement for a deficiency in the utility’s facilities would be appropriate. Factors included would include the financial position of the entity and its ability to pay the costs of corrective action, the risks to public health and the environment of delay in addressing corrective action, any alternatives available to the entity for paying the costs of the penalty and corrective action, and the effect of the penalty payment on any other public health and safety services the entity provides. The TCEQ could require payment of any deferred penalty if the entity was not in compliance with a provision of its corrective action order.
Passage of the bill is not expected to result in any significant fiscal implications to the TCEQ. The TCEQ anticipates that all rulemaking and procedural changes could be accomplished using current agency resources. Any loss in revenues to the state resulting from penalty deferrals is not expected to be significant.
Source Agencies: | 582 Commission on Environmental Quality
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LBB Staff: | JOB, SD, WK, TL
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