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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of certain local government enforcement |
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actions in the evaluation of compliance history by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.753(b), Water Code, is amended to read |
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as follows: |
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(b) The components of compliance history must include: |
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(1) enforcement orders, court judgments, consent |
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decrees, and criminal convictions of a local government to which |
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the commission refers complaints for investigation, this state, and |
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the federal government relating to compliance with applicable legal |
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requirements under the jurisdiction of the commission or the United |
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States Environmental Protection Agency; |
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(2) notwithstanding any other provision of this code, |
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orders issued under Section 7.070; |
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(3) to the extent readily available to the commission, |
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enforcement orders, court judgments, and criminal convictions |
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relating to violations of environmental laws of other states; and |
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(4) changes in ownership. |
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SECTION 2. The change in law made by this Act applies only |
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to an enforcement order, court judgment, consent decree, or |
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criminal conviction of a local government that becomes final on or |
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after the effective date of this Act. |
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SECTION 3. 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, 2011. |