By: Miles, et al. S.B. No. 813
 
  (Lopez of Bexar, Reynolds, Morales Shaw, Guerra, Zwiener)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing notice to a state representative and senator
  of certain administrative actions of the Texas Commission on
  Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.060, Water Code, is amended to read as
  follows:
         Sec. 7.060.  NOTICE OF PENALTY.  (a)  If the commission is
  required to give notice of a penalty under Section 7.057 or 7.059,
  the commission shall:
               (1)  publish notice of its decision in the Texas
  Register not later than the 10th day after the date on which the
  decision is adopted; and
               (2)  if required by Subsection (b), notify the state
  representative and state senator who represent the area where the
  violation for which the penalty is being assessed occurred.
         (b)  The commission shall:
               (1)  affirmatively offer each state representative and
  state senator the opportunity to receive notice under Subsection
  (a)(2); and
               (2)  provide appropriate notice to each representative
  or senator who elects to receive notice under this section.
         SECTION 2.  Section 7.075, Water Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Before the commission approves an administrative order
  or proposed agreement to settle an administrative enforcement
  action initiated under this subchapter to which the commission is a
  party, the commission shall:
               (1)  allow the public to comment in writing on the
  proposed order or agreement;
               (2)  publish notice[.  Notice] of the opportunity to
  comment on the proposed order or agreement [shall be published] in
  the Texas Register not later than the 30th day before the date on
  which the public comment period closes; and
               (3)  if required by Subsection (a-1), notify the state
  representative and state senator who represent the area in which
  the violation that is the subject of the proposed order or agreement
  occurred.
         (a-1)  The commission shall:
               (1)  affirmatively offer each state representative and
  state senator the opportunity to receive notice under Subsection
  (a)(3); and
               (2)  provide appropriate notice to each representative
  or senator who elects to receive notice under this section.
         SECTION 3.  This Act takes effect September 1, 2023.