82R3228 SLB-F
By: Farrar H.B. No. 3543
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of certain local government enforcement
actions in the evaluation of compliance history by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.753(b), Water Code, is amended to read
as follows:
(b) The components of compliance history must include:
(1) enforcement orders, court judgments, consent
decrees, and criminal convictions of a local government to which
the commission refers complaints for investigation, this state, and
the federal government relating to compliance with applicable legal
requirements under the jurisdiction of the commission or the United
States Environmental Protection Agency;
(2) notwithstanding any other provision of this code,
orders issued under Section 7.070;
(3) to the extent readily available to the commission,
enforcement orders, court judgments, and criminal convictions
relating to violations of environmental laws of other states; and
(4) changes in ownership.
SECTION 2. The change in law made by this Act applies only
to an enforcement order, court judgment, consent decree, or
criminal conviction of a local government that becomes final on or
after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.