BILL ANALYSIS

H.B. 355

By: Lopez

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the Texas Commission on Environmental Quality (TCEQ) is not required to notify an elected official about any administrative penalties issued for certain violations within the official's district. This is of the utmost concern in light of a recent tragedy in which a brain‑eating amoeba caused the death of a young boy in Lake Jackson. His death prompted several nearby cities to be alerted that the brain-eating amoeba was found in the water supply. Although the surrounding areas were deemed safe, a disaster declaration was rightfully issued while many lives remained in danger. H.B. 355 seeks to keep our elected officials proactively informed on all environmental hazards and pollutants by requiring TCEQ to issue a notification to members of the state legislature whenever an administrative penalty is assessed against an entity within their district.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 355 amends the Water Code to require the Texas Commission on Environmental Quality to provide notice to the state representative and state senator who represent the area where an applicable violation occurred of the following:

· an administrative penalty; or

· a proposed administrative order or agreement to settle an administrative enforcement action.

EFFECTIVE DATE

September 1, 2021.