Texas House Bill HB2895

Texas 2009 - 81st Regular

• Out of House Committee: 4/16/09

Caption

Relating to compliance with federal occupational safety and health standards in environmental enforcement.

Impact

The enactment of HB 2895 is expected to have significant implications on how environmental regulations are enforced within the state. It offers a layer of protection to entities that adhere strictly to federal safety regulations, potentially reducing the risk of sanctions for inadvertent violations stemming from adhering to federal law. This approach aligns state law with federal standards, fostering a regulatory environment where businesses can operate without fear of conflicting state penalties. The bill could also prompt a review of current state enforcement practices to ensure they align with this new provision.

Summary

House Bill 2895 focuses on compliance with federal occupational safety and health standards specifically in the context of environmental enforcement. The bill amends the Water Code of Texas by adding a new section that stipulates if a violation occurs due to compliance with the federal Occupational Safety and Health Act of 1970, such a violation shall not be considered as a breach of state statutes, rules, orders, or permits. This provision aims to provide legal clarity for entities that are caught between federal mandates and state regulations, thereby encouraging safer working conditions without facing penalties from state authorities.

Contention

While the bill proposes a beneficial resolution for companies striving to comply with both state and federal laws, its adoption might not come without opposition. Critics may argue that it could create loopholes that undermine environmental protections by allowing businesses to evade state enforcement under the guise of federal compliance. This concern points to a broader issue of balancing regulatory adherence and economic freedom, where advocates for stricter enforcement might view the bill as overly permissive for potentially harmful practices. The legislative history surrounding HB 2895 is likely to reflect these contentions and the differing viewpoints on environmental and occupational safety responsibilities.