BILL ANALYSIS

S.B. 813

By: Miles

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

State officials rely on transparent communication for issues that arise in their districts, especially those issues that relate to the health and safety of constituents. Currently, the Texas Commission on Environmental Quality (TCEQ) is not required to notify an elected official about administrative penalties assessed within the official's district. Environmental malfeasance directly affects the health and safety of the constituents of any elected state official. S.B. 813 seeks to address this issue by providing for certain notification by the TCEQ to the state representative and state senator who represent the area where an applicable violation occurred.

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

S.B. 813 amends the Water Code to require the Texas Commission on Environmental Quality to do the following:

· affirmatively offer each state representative and state senator who represents the area where an applicable violation occurred the opportunity to receive notice of an administrative penalty or a proposed administrative order or agreement to settle an administrative enforcement action; and

· provide appropriate notice to each representative or senator who elects to receive such notice.

EFFECTIVE DATE

September 1, 2023.