TX
Texas House Bill HB4388

Texas 2023 - 88th Regular

Texas House Bill HB4388

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

Impact

The proposed changes are significant as they shift the authority dynamics between local governments and state oversight in environmental law enforcement. By removing the procedural barrier that previously inhibited the taking of legal action against violators, the bill empowers local governments to respond more promptly to environmental violations, potentially leading to quicker resolutions. This shift could enhance local control over environmental protection and compliance, allowing municipalities to act in the best interest of their communities without delay caused by bureaucratic processes.

Summary

House Bill 4388 aims to amend certain procedures related to civil suits brought by local governments or specific individuals for violations of laws under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ). The bill revises the requirements for initiating claims against parties violating environmental laws regulated by the TCEQ, specifically removing the 90-day waiting period after notification to the Attorney General and TCEQ before a local government can institute a claim. The goal is to streamline the process and empower local authorities to take action on environmental violations more swiftly.

Sentiment

The sentiment surrounding HB 4388 seems to be generally supportive among local government representatives and environmental advocacy groups, who view the bill as a necessary reform to enhance local authority and responsiveness in managing environmental issues. However, concerns may arise from some state-level stakeholders regarding the implications for consistent enforcement and oversight by the TCEQ. The bill underscores a recurring theme in environmental legislation: the tension between local control and state regulation.

Contention

A notable point of contention regarding HB 4388 is the potential for conflicting enforcement strategies between local and state authorities. Some legislators and policy analysts might argue that hastening legal proceedings could lead to inconsistent applications of environmental law across different localities, ultimately affecting overall compliance. Moreover, concerns regarding the adequate safeguarding of environmental protections under this more expedited process may also surface, as the bill could either streamline enforcement or diminish regulatory thoroughness depending on its implementation.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 7. Enforcement
    • Section: 3511

Latest TX HB4388 Activity

View All Events: TX 2023 - 88th Regular HB4388

Companion Bills

No companion bills found.

Previously Filed As

TX HB2533

Relating to civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

TX HB736

Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

TX HB3981

Relating to civil suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

TX SB1509

Relating to suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality; affecting civil penalties.

TX HB1794

Relating to suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality; affecting civil penalties.

TX HB1682

Relating to the disposition and use of the state's portion of civil penalties recovered in suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

TX HB3913

Relating to the disposition and use of the state's portion of civil penalties recovered in suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.

TX SB366

Relating to the minimum amount of an administrative penalty assessed by the Texas Commission on Environmental Quality for a violation of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the commission.

TX HB3853

Relating to authorizing a change in the amount of certain administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Texas Commission on Environmental Quality.

TX SB900

Relating to the amounts of the administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas.

Similar Bills

No similar bills found.