Texas Senate Bill SB1846

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/20/09
• Out of House Committee: 5/18/09

Caption

Relating to the powers and duties of the Texas Commission on Environmental Quality and related entities.

Impact

This bill significantly modifies existing statutes affecting the Texas Commission on Environmental Quality's handling of penalties and the approval processes for water and utility services. It establishes a framework for utility providers and districts to operate under more flexible conditions, especially concerning penalty assessments and payments. The revisions are expected to lead to improved compliance by reducing the immediate financial burden that penalties can impose on small businesses and utilities, ultimately fostering a more cooperative regulatory environment.

Summary

SB1846 addresses the powers and duties of the Texas Commission on Environmental Quality (TCEQ) and includes provisions for penalty payment plans, the Concho River Watermaster Program, and the management of utility and district applications. The bill modifies existing laws within the Texas Water Code to enhance the regulatory framework governing these entities, ensuring that penalties for violations can be addressed in more manageable ways, particularly for small businesses. By allowing installment payments for penalties, the legislation aims to provide a more equitable approach to enforcement.

Contention

Criticism surrounding SB1846 may arise from concerns over the balance between regulatory enforcement and the support for utility entities. Some stakeholders may argue that allowing installment payments could incentivize non-compliance, as it may reduce the immediate consequences of violations. Others may feel that the bill does not do enough to address issues of accountability, particularly in cases where environmental regulations are at stake. The ability to convert utility districts into municipal entities without a confirmation election could also precipitate local concerns over governance and transparency.