H.B. No. 907
AN ACT
relating to the regulation of aggregate production operations by
the Texas Commission on Environmental Quality; increasing a fee;
increasing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28A.053, Water Code, is amended to read
as follows:
Sec. 28A.053. INSPECTION. (a) The commission shall
inspect each active aggregate production operation in this state
for compliance with applicable environmental laws and rules under
the jurisdiction of the commission:
(1) at least once every two [three] years during the
first six years in which the operation is registered; and
(2) after the expiration of the period described by
Subdivision (1), at least once every three years.
(b) Except as provided by Subsection (c), the [The]
commission may conduct an inspection only after providing notice to
the responsible party in accordance with commission policy.
(c) The commission may conduct unannounced periodic
inspections under this section of an aggregate production operation
that in the preceding three-year period has been issued a notice of
violation by the commission for a violation of an environmental law
or rule under the jurisdiction of the commission. The unannounced
inspections may be conducted only for a period of not more than one
year.
(d) An [Except as provided by Subsection (d), an] inspection
must be conducted by one or more inspectors trained in the
regulatory requirements [under the jurisdiction of the commission
that are] applicable to [an] active aggregate production operations
under the jurisdiction of the commission [operation]. If the
inspection is conducted by more than one inspector, each inspector
is not required to be trained in each of the applicable regulatory
requirements, but the combined training of the inspectors must
include each of the applicable regulatory requirements. The
applicable regulatory requirements include requirements related
to:
(1) individual water quality permits issued under
Section 26.027;
(2) a general water quality permit issued under
Section 26.040;
(3) air quality permits issued under Section 382.051,
Health and Safety Code; and
(4) other regulatory requirements applicable to
active aggregate production operations under the jurisdiction of
the commission.
(e) [(d)] An investigation in response to a complaint
satisfies the requirement of an inspection under this section if a
potential noncompliance issue not related to the complaint is
observed and is:
(1) not within an area of expertise of the
investigator but is referred by the investigator to the commission
for further investigation; or
(2) within an area of expertise of the inspector and is
appropriately investigated and appropriately addressed in the
investigation report.
SECTION 2. Section 28A.101(b), Water Code, is amended to
read as follows:
(b) The commission shall set the annual registration fee in
an amount sufficient to maintain a registry of active aggregate
production operations in this state and implement this chapter, not
to exceed $1,500 [$1,000].
SECTION 3. Section 28A.102, Water Code, is amended to read
as follows:
Sec. 28A.102. PENALTY. The commission may assess a penalty
of not less than $5,000 and not more than $20,000 [$10,000] for each
year in which an aggregate production operation operates without
being registered under this chapter. The total penalty under this
section may not exceed $40,000 [$25,000] for an aggregate
production operation that is operated in three or more years
without being registered.
SECTION 4. Section 28A.102, Water Code, as amended by this
Act, applies only to a penalty assessed on or after the effective
date of this Act. A penalty assessed before the effective date of
this Act is governed by the law in effect on the date the penalty was
assessed, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 907 was passed by the House on May 10,
2019, by the following vote: Yeas 124, Nays 13, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 907 on May 23, 2019, by the following vote: Yeas 135, Nays 8, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 907 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor