Texas 2019 - 86th Regular

Texas House Bill HB907 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 907
	1	+	By: Huberty (Senate Sponsor - Creighton) H.B. No. 907
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; May 17, 2019, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 11, Nays 0; May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 907 By: Powell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the regulation of aggregate production operations by
6	14		the Texas Commission on Environmental Quality; increasing a fee;
7	15		increasing administrative penalties.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 28A.053, Water Code, is amended to read
10	18		as follows:
11	19		Sec. 28A.053. INSPECTION. (a) The commission shall
12	20		inspect each active aggregate production operation in this state
13	21		for compliance with applicable environmental laws and rules under
14	22		the jurisdiction of the commission:
15	23		(1) at least once every two [three] years during the
16	24		first six years in which the operation is registered; and
17	25		(2) after the expiration of the period described by
18	26		Subdivision (1), at least once every three years.
19	27		(b) Except as provided by Subsection (c), the [The]
20	28		commission may conduct an inspection only after providing notice to
21	29		the responsible party in accordance with commission policy.
22	30		(c) The commission may conduct unannounced periodic
23	31		inspections under this section of an aggregate production operation
24	32		that in the preceding three-year period has been issued a notice of
25	33		violation by the commission for a violation of an environmental law
26	34		or rule under the jurisdiction of the commission. The unannounced
27	35		inspections may be conducted only for a period of not more than one
28	36		year.
29	37		(d) An [Except as provided by Subsection (d), an] inspection
30	38		must be conducted by one or more inspectors trained in the
31	39		regulatory requirements [under the jurisdiction of the commission
32	40		that are] applicable to [an] active aggregate production operations
33	41		under the jurisdiction of the commission [operation]. If the
34	42		inspection is conducted by more than one inspector, each inspector
35	43		is not required to be trained in each of the applicable regulatory
36	44		requirements, but the combined training of the inspectors must
37	45		include each of the applicable regulatory requirements. The
38	46		applicable regulatory requirements include requirements related
39	47		to:
40	48		(1) individual water quality permits issued under
41	49		Section 26.027;
42	50		(2) a general water quality permit issued under
43	51		Section 26.040;
44	52		(3) air quality permits issued under Section 382.051,
45	53		Health and Safety Code; and
46	54		(4) other regulatory requirements applicable to
47	55		active aggregate production operations under the jurisdiction of
48	56		the commission.
49	57		(e) [(d)] An investigation in response to a complaint
50	58		satisfies the requirement of an inspection under this section if a
51	59		potential noncompliance issue not related to the complaint is
52	60		observed and is:
53	61		(1) not within an area of expertise of the
54	62		investigator but is referred by the investigator to the commission
55	63		for further investigation; or
56	64		(2) within an area of expertise of the inspector and is
57	65		appropriately investigated and appropriately addressed in the
58	66		investigation report.
59	67		SECTION 2. Section 28A.101(b), Water Code, is amended to
60	68		read as follows:
61	69		(b) The commission shall set the annual registration fee in
62	70		an amount sufficient to maintain a registry of active aggregate
63	71		production operations in this state and implement this chapter, not
64	72		to exceed $1,500 [$1,000].
65	73		SECTION 3. Section 28A.102, Water Code, is amended to read
66	74		as follows:
67	75		Sec. 28A.102. PENALTY. The commission may assess a penalty
68	76		of not less than $5,000 and not more than $20,000 [$10,000] for each
69	77		year in which an aggregate production operation operates without
70	78		being registered under this chapter. The total penalty under this
71	79		section may not exceed $40,000 [$25,000] for an aggregate
72	80		production operation that is operated in three or more years
73	81		without being registered.
74	82		SECTION 4. Section 28A.102, Water Code, as amended by this
75	83		Act, applies only to a penalty assessed on or after the effective
76	84		date of this Act. A penalty assessed before the effective date of
77	85		this Act is governed by the law in effect on the date the penalty was
78	86		assessed, and the former law is continued in effect for that
79	87		purpose.
80	88		SECTION 5. This Act takes effect September 1, 2019.
81		-	______________________________ ______________________________
82		-	President of the Senate Speaker of the House
83		-	I certify that H.B. No. 907 was passed by the House on May 10,
84		-	2019, by the following vote: Yeas 124, Nays 13, 1 present, not
85		-	voting; and that the House concurred in Senate amendments to H.B.
86		-	No. 907 on May 23, 2019, by the following vote: Yeas 135, Nays 8, 1
87		-	present, not voting.
88		-	______________________________
89		-	Chief Clerk of the House
90		-	I certify that H.B. No. 907 was passed by the Senate, with
91		-	amendments, on May 20, 2019, by the following vote: Yeas 28, Nays
92		-	3.
93		-	______________________________
94		-	Secretary of the Senate
95		-	APPROVED: __________________
96		-	Date
97		-	__________________
98		-	Governor
	89	+	* * * * *