H.B. No. 907
 
 
 
 
AN ACT
 
 
  relating to the regulation of aggregate production operations by
  the Texas Commission on Environmental Quality; increasing a fee;
  increasing administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28A.053, Water Code, is amended to read
  as follows:
         Sec. 28A.053.  INSPECTION. (a)  The commission shall
  inspect each active aggregate production operation in this state
  for compliance with applicable environmental laws and rules under
  the jurisdiction of the commission:
               (1)  at least once every two [three] years during the
  first six years in which the operation is registered; and
               (2)  after the expiration of the period described by
  Subdivision (1), at least once every three years.
         (b)  Except as provided by Subsection (c), the [The]
  commission may conduct an inspection only after providing notice to
  the responsible party in accordance with commission policy.
         (c)  The commission may conduct unannounced periodic
  inspections under this section of an aggregate production operation
  that in the preceding three-year period has been issued a notice of
  violation by the commission for a violation of an environmental law
  or rule under the jurisdiction of the commission.  The unannounced
  inspections may be conducted only for a period of not more than one
  year.
         (d)  An [Except as provided by Subsection (d), an] inspection
  must be conducted by one or more inspectors trained in the
  regulatory requirements [under the jurisdiction of the commission
  that are] applicable to [an] active aggregate production operations
  under the jurisdiction of the commission [operation].  If the
  inspection is conducted by more than one inspector, each inspector
  is not required to be trained in each of the applicable regulatory
  requirements, but the combined training of the inspectors must
  include each of the applicable regulatory requirements.  The
  applicable regulatory requirements include requirements related
  to:
               (1)  individual water quality permits issued under
  Section 26.027;
               (2)  a general water quality permit issued under
  Section 26.040;
               (3)  air quality permits issued under Section 382.051,
  Health and Safety Code; and
               (4)  other regulatory requirements applicable to
  active aggregate production operations under the jurisdiction of
  the commission.
         (e) [(d)]  An investigation in response to a complaint
  satisfies the requirement of an inspection under this section if a
  potential noncompliance issue not related to the complaint is
  observed and is:
               (1)  not within an area of expertise of the
  investigator but is referred by the investigator to the commission
  for further investigation; or
               (2)  within an area of expertise of the inspector and is
  appropriately investigated and appropriately addressed in the
  investigation report.
         SECTION 2.  Section 28A.101(b), Water Code, is amended to
  read as follows:
         (b)  The commission shall set the annual registration fee in
  an amount sufficient to maintain a registry of active aggregate
  production operations in this state and implement this chapter, not
  to exceed $1,500 [$1,000].
         SECTION 3.  Section 28A.102, Water Code, is amended to read
  as follows:
         Sec. 28A.102.  PENALTY. The commission may assess a penalty
  of not less than $5,000 and not more than $20,000 [$10,000] for each
  year in which an aggregate production operation operates without
  being registered under this chapter.  The total penalty under this
  section may not exceed $40,000 [$25,000] for an aggregate
  production operation that is operated in three or more years
  without being registered.
         SECTION 4.  Section 28A.102, Water Code, as amended by this
  Act, applies only to a penalty assessed on or after the effective
  date of this Act.  A penalty assessed before the effective date of
  this Act is governed by the law in effect on the date the penalty was
  assessed, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 907 was passed by the House on May 10,
  2019, by the following vote:  Yeas 124, Nays 13, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 907 on May 23, 2019, by the following vote:  Yeas 135, Nays 8, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 907 was passed by the Senate, with
  amendments, on May 20, 2019, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor