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A BILL TO BE ENTITLED
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AN ACT
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relating to notification procedures regarding the Texas Commission |
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on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (1), Section 7.001, Water Code, is |
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amended to read as follows: |
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(1) "Commission" means the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. |
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SECTION 2. Section 7.003, Water Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) The commission shall publish each report required under |
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Subsection (a) on the commission's Internet website not later than |
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the 15th day before the date of any meeting of the commission for |
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which public notice is given. |
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SECTION 3. Section 7.056, Water Code, is amended to read as |
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follows: |
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Sec. 7.056. CONSENT. Not later than the 30th [20th] day |
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after the date on which notice is received, the person charged may |
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give to the commission written or electronic consent to the |
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executive director's report, including the recommended penalty, or |
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make a written or electronic request for a hearing. |
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SECTION 4. Section 7.060, Water Code, is amended to read as |
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follows: |
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Sec. 7.060. NOTICE OF PENALTY. If the commission is |
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required to give notice of a penalty under Section 7.057 or 7.059, |
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the commission shall publish notice of its decision in the Texas |
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Register and on the commission's Internet website not later than |
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the 10th day after the date on which the decision is adopted. |
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SECTION 5. Subsection (a), Section 7.075, Water Code, is |
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amended to read as follows: |
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(a) Before the commission approves an administrative order |
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or proposed agreement to settle an administrative enforcement |
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action initiated under this subchapter to which the commission is a |
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party, the commission shall allow the public to comment in writing |
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on the proposed order or agreement. Notice of the opportunity to |
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comment shall be published in the Texas Register and on the |
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commission's Internet website not later than the 30th day before |
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the date on which the public comment period closes. |
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SECTION 6. Subsection (b), Section 7.110, Water Code, is |
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amended to read as follows: |
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(b) Notice of the opportunity to comment shall be published |
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in the Texas Register and on the commission's Internet website not |
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later than the 30th day before the date on which the public comment |
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period closes. |
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SECTION 7. Section 7.305, Water Code, is amended to read as |
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follows: |
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Sec. 7.305. PROCEDURES. The commission by rule shall |
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establish procedures for public notice and any public hearing under |
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this subchapter. The procedures shall: |
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(1) provide for notice to a county that issued a |
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license, certificate, or registration that is the subject of the |
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hearing; and |
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(2) require notice to be posted on the commission's |
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Internet website. |
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SECTION 8. Section 7.355, Water Code, is amended to read as |
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follows: |
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Sec. 7.355. COMPLAINTS. In the case of a violation of |
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Chapter 401, Health and Safety Code, a local government or person |
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affected may file with the commission a written or electronic |
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complaint and may request an investigation of an alleged violation |
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by a person who holds a permit subject to the commission's |
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jurisdiction. |
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SECTION 9. Section 7.357, Water Code, is amended to read as |
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follows: |
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Sec. 7.357. PROSECUTION. A local government or, in the case |
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of a violation of Chapter 401, Health and Safety Code, a person |
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affected as defined in that chapter may bring suit in the county in |
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which the alleged violation occurred or is about to occur, if the |
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commission does not have a suit filed before the 121st day after the |
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date on which the written or electronic complaint is filed under |
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Section 7.355. |
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SECTION 10. Subdivision (2), Section 26.001, Water Code, is |
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amended to read as follows: |
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(2) "Commission" means the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. |
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SECTION 11. Subsection (b), Section 26.022, Water Code, is |
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amended to read as follows: |
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(b) Notice of the hearing shall be published on the |
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commission's Internet website and at least once in a newspaper |
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regularly published or circulated in each county where, by virtue |
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of the county's geographical relation to the subject matter of the |
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hearing, the commission has reason to believe persons reside who |
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may be affected by the action that may be taken as a result of the |
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hearing. The date of the publication shall be not less than 20 days |
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before the date set for the hearing. |
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SECTION 12. Subsection (a), Section 26.025, Water Code, is |
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amended to read as follows: |
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(a) The commission shall provide notice of a hearing under |
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Section 26.024 of this code by publishing the notice in the Texas |
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Register and on the commission's Internet website. |
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SECTION 13. Section 26.026, Water Code, is amended to read |
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as follows: |
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Sec. 26.026. STANDARDS TO BE PUBLISHED. The commission |
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shall publish on its Internet website its water quality standards |
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and amendments and shall make copies available to the public on |
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written request. |
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SECTION 14. Section 26.3465, Water Code, is amended to read |
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as follows: |
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Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF |
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REGISTRATION OR CERTIFICATION OF COMPLIANCE. An owner or operator |
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of an underground storage tank who fails or refuses to provide, |
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before the 21st day after [on] request of the commission, proof of |
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registration of or certification of compliance for an underground |
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storage tank is liable for a civil penalty under Subchapter D, |
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Chapter 7. |
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SECTION 15. Subsection (k), Section 26.3512, Water Code, is |
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amended to read as follows: |
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(k) An owner or operator of a site for which a closure letter |
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has been issued under Section 26.3572 shall pay under Subsection |
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(b)(1) not more than the first $50,000 of expenses for corrective |
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action for each occurrence. |
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SECTION 16. Subsection (f), Section 26.352, Water Code, is |
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amended to read as follows: |
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(f) The commission shall enforce this section and may impose |
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administrative and civil penalties on the owners or operators of |
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underground storage tanks if acceptable evidence of financial |
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responsibility is not maintained. The amount of an administrative |
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or civil penalty imposed under this subsection may not be less than |
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the annual cost, as estimated by the commission, of maintaining the |
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minimum insurance coverage required in the State of Texas for the |
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tank as determined under Subsection (c). |
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SECTION 17. Section 26.3572, Water Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) The commission shall give notice of its decision to |
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approve or disapprove a site assessment under this section not |
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later than the 10th day after the date on which the decision is |
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adopted. |
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(f) The commission may not issue a closure letter under |
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Subsection (b) until the owner or operator submits a signed |
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statement certifying that the requirements of the corrective action |
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plan have been accomplished. |
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(g) If an owner or operator of a site submits to the |
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commission a signed certification under Subsection (f), the |
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commission shall notify the state senator and state representative |
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in whose district the site lies of that certification. |
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SECTION 18. Section 26.362, Water Code, is amended to read |
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as follows: |
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Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. The |
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commission is immune from liability in any action against the |
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commission to test the validity of a closure letter issued under |
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Section 26.3572 if the letter is issued in accordance with that |
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section and commission rules. |
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SECTION 19. Subsection (b), Section 26.408, Water Code, is |
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amended to read as follows: |
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(b) Not later than the 30th day after the date the |
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commission receives notice under Subsection (a) or obtains |
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independent knowledge of groundwater contamination, the commission |
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shall post the notice on its Internet website and shall make every |
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effort to give notice of the contamination by first class mail to |
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each owner of a private drinking water well that may be affected by |
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the contamination and to each applicable groundwater conservation |
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district. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |