By: Miles S.B. No. 2386

(In the Senate - Filed March 12, 2025; March 25, 2025, read first time and referred to Committee on Water, Agriculture and Rural Affairs; April 23, 2025, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 23, 2025, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2386 By: Perry

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, 2025.

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