Texas House Bill HB441

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to providing notice to a state representative and senator of an administrative penalty assessed by the Texas Commission on Environmental Quality.

Impact

The proposed changes under HB 441 would significantly alter the regulatory landscape by ensuring that local elected officials are kept in the loop regarding environmental penalties that may affect their districts. By requiring notification of penalties, the legislation seeks to foster greater civic engagement and provide lawmakers a chance to respond or act on behalf of their communities regarding environmental issues. This is expected to encourage more proactive legislative measures in local governance regarding environmental regulations.

Summary

House Bill 441, introduced by Lopez of Bexar, seeks to enhance the legislative oversight related to environmental penalties assessed by the Texas Commission on Environmental Quality (TCEQ). The bill mandates that TCEQ not only publish notices of penalties in the Texas Register but also specifically notify the state representatives and senators of the districts where the violations occurred. This legislation aims to improve transparency and accountability within the enforcement of environmental laws, ensuring that local legislators are informed of significant administrative actions that might impact their constituents.

Sentiment

Sentiment around the bill appears to be generally positive, especially among legislators who advocate for increased communication and engagement between state agencies and local governments. Supporters of the bill believe it enhances government accountability and aims to protect public health and safety by addressing environmental violations more effectively. Conversely, there may be concerns about the additional administrative burden placed on the TCEQ and whether such notifications could overwhelm local officials who are already managing numerous responsibilities.

Contention

While HB 441 has garnered support for its intentions to bolster legislative awareness, the bill's additional requirements could lead to debates about the feasibility and efficiency of implementing such notifications. Detractors may argue that this could lead to bureaucratic delays or complicate the existing regulatory processes. Moreover, there are questions regarding the effectiveness of merely informing local officials without providing them with the tools or authority to take significant action in response to the violations identified.

Texas Constitutional Statutes Affected

Water Code

• Chapter 7. Enforcement
  • Section: 060
  • Section: 075