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A BILL TO BE ENTITLED
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AN ACT
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relating to providing notice to a state representative and senator |
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of certain administrative actions of the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. (a) 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: |
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(1) publish notice of its decision in the Texas |
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Register not later than the 10th day after the date on which the |
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decision is adopted; and |
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(2) if required by Subsection (b), notify the state |
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representative and state senator who represent the area where the |
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violation for which the penalty is being assessed occurred. |
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(b) The commission shall: |
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(1) affirmatively offer each state representative and |
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state senator the opportunity to receive notice under Subsection |
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(a)(2); and |
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(2) provide appropriate notice to each representative |
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or senator who elects to receive notice under this section. |
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SECTION 2. Section 7.075, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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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: |
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(1) allow the public to comment in writing on the |
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proposed order or agreement; |
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(2) publish notice[. Notice] of the opportunity to |
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comment on the proposed order or agreement [shall be published] in |
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the Texas Register not later than the 30th day before the date on |
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which the public comment period closes; and |
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(3) if required by Subsection (a-1), notify the state |
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representative and state senator who represent the area in which |
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the violation that is the subject of the proposed order or agreement |
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occurred. |
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(a-1) The commission shall: |
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(1) affirmatively offer each state representative and |
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state senator the opportunity to receive notice under Subsection |
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(a)(3); and |
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(2) provide appropriate notice to each representative |
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or senator who elects to receive notice under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |