Texas 2023 - 88th Regular

Texas Senate Bill SB471

Filed
1/13/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
4/27/23  
Out of House Committee
5/16/23  
Voted on by House
5/23/23  
Governor Action
6/18/23  

Caption

Relating to the investigation by the Texas Commission on Environmental Quality of certain complaints.

Impact

The implications of SB 471 are significant for state laws concerning environmental oversight. Under the new provisions, a complainant who has filed multiple unsubstantiated complaints within a specified timeframe may find their future complaints less likely to be investigated. This establishes a framework that not only aims to streamline the investigative process but also raises concerns about limiting public access to environmental justice. By setting these criteria, the bill could potentially dissuade individuals from reporting concerns about environmental issues, knowing the record of their previous complaints may adversely impact future investigations.

Summary

Senate Bill 471, introduced by Senator Springer, aims to reform the investigation process by the Texas Commission on Environmental Quality (TCEQ) regarding certain complaints. The primary objective of the bill is to relieve TCEQ investigators of the burden presented by numerous repetitive and unsubstantiated complaints, thereby allowing them to focus their efforts on legitimate claims. The legislation includes amendments which specify when the TCEQ may choose not to investigate based on the nature of the complaints and the complainant's history of filing unsubstantiated claims. The bill stipulates thresholds involving prior complaints to ensure that only valid and sufficiently substantiated matters are pursued further.

Sentiment

The sentiment surrounding SB 471 has been contentious. Proponents of the bill argue that it will increase efficiency within TCEQ, allowing them to disregard frivolous complaints that waste resources and time. Supporters emphasize that the legislation seeks to create a more practical environment for the agency to operate. However, critics, including various environmental advocacy groups, argue that the bill discourages public participation in environmental oversight. The concerns articulated by opponents reflect fears that such legislation could silence valid complaints and diminish accountability for potential environmental infractions.

Contention

The most notable point of contention revolves around the balance between reducing the administrative burden on TCEQ and ensuring that environmental regulators are accessible and responsive to community concerns. Critics warn that by filtering out complaints based on a history of unsubstantiated claims, the bill could inadvertently shield industries from scrutiny, especially in cases involving genuine and serious environmental risks. This debate underscores a fundamental conflict between the desire for regulatory efficiency and the need for robust environmental protections at the community level.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 5. Texas Commission On Environmental Quality
    • Section: 176
    • Section: 177
    • Section: 176
    • Section: 177
    • Section: 176
    • Section: 177
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.