Texas 2023 - 88th Regular

Texas Senate Bill SB1397

Filed
3/1/23  
Out of Senate Committee
4/11/23  
Voted on by Senate
4/17/23  
Out of House Committee
5/11/23  
Voted on by House
5/17/23  
Governor Action
6/18/23  

Caption

Relating to the continuation and functions of the Texas Commission on Environmental Quality.

Impact

The legislative discussions surrounding SB 1397 underscored the importance of TCEQ in safeguarding Texas's air and water resources. Supporters, including industry groups and environmental advocates, expressed appreciation for the updates aimed at improving the efficiency and transparency of the TCEQ. The bill addresses frequent criticisms of the agency's communication strategies and public engagement, ensuring that stakeholders have better access to information regarding permit applications and environmental regulations. Through these changes, the bill aims to solidify TCEQ's role as a vital regulatory body while facilitating better interactions with the communities it serves.

Summary

Senate Bill 1397, also known as the TCEQ Sunset Bill, is intended to continue the Texas Commission on Environmental Quality (TCEQ) and enhance its operational transparency and decision-making processes. The bill not only extends the agency's existence until September 1, 2035 but also introduces significant changes to its administrative procedures, including modifications to public participation in the permit application process. Among its major provisions is the enhancement of public comment periods and the establishment of an enforcement diversion program aimed at supporting small businesses and local governments in compliance with environmental standards.

Sentiment

Overall, the sentiment regarding SB 1397 was largely positive among legislators and stakeholders. Many expressed optimism that the bill represents a balanced approach to environmental policy that takes into consideration the needs of both industry and community. The support for the bill from various organizations, such as the Texas Chemical Council and the Texas Association of Manufacturers, demonstrates a collaborative effort in refining the state's environmental governance. However, there were criticisms from some that more stringent measures could have been implemented to enhance environmental protections.

Contention

Despite the general support for SB 1397, some points of contention surfaced during discussions. Critics argued that the bill may still fall short in fully addressing environmental concerns, as the proposed changes primarily focus on procedural updates rather than adopting new stringent regulations. Furthermore, concerns were raised regarding the balance between facilitating economic growth and ensuring robust environmental protections. The bill's approach to streamlining operations while expanding public notification processes has sparked debate about whether it sufficiently empowers local communities to safeguard their environments.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 382. Clean Air Act
    • Section: 05101
    • Section: 0511
    • Section: 051985
    • Section: New Section
    • Section: 05101
    • Section: 0511
    • Section: 051985
    • Section: 05101
    • Section: 051985
    • Section: New Section
  • Chapter 361. Solid Waste Disposal Act
    • Section: 0666
    • Section: 0791

Water Code

  • Chapter 5. Texas Commission On Environmental Quality
    • Section: 014
    • Section: 0535
    • Section: 113
    • Section: 136
    • Section: 1734
    • Section: 587
    • Section: 0535
    • Section: New Section
    • Section: 014
    • Section: 0535
    • Section: 113
    • Section: 136
    • Section: 1734
    • Section: 584
    • Section: 1734
    • Section: New Section
    • Section: 552
    • Section: 014
    • Section: 129
  • Chapter 11. Water Rights
    • Section: 02363
    • Section: 1471
    • Section: 02362
    • Section: New Section
    • Section: 02363
    • Section: 1471
    • Section: 02363
    • Section: 1471
  • Chapter 28. Water Wells And Drilled Or Mined Shafts
    • Section: New Section
  • Chapter 49. Provisions Applicable To All Districts
    • Section: 011
  • Chapter 7. Enforcement
    • Section: 0675
    • Section: 0675

Companion Bills

TX HB1505

Identical Relating to the continuation and functions of the Texas Commission on Environmental Quality.

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