| 1 | 1 | | S.B. No. 471 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the investigation by the Texas Commission on |
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| 6 | 6 | | Environmental Quality of certain complaints. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 5.176, Water Code, is amended by adding |
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| 9 | 9 | | Subsection (c) to read as follows: |
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| 10 | 10 | | (c) The commission is not required to investigate a |
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| 11 | 11 | | complaint: |
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| 12 | 12 | | (1) that may be addressed during other commission |
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| 13 | 13 | | activities; or |
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| 14 | 14 | | (2) that was filed by an individual when there is not a |
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| 15 | 15 | | reasonable probability that the commission can substantiate the |
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| 16 | 16 | | complaint and: |
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| 17 | 17 | | (A) the complaint is repetitious or redundant of |
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| 18 | 18 | | other complaints concerning the same site investigated in the |
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| 19 | 19 | | preceding 12 months that were not substantiated by the commission; |
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| 20 | 20 | | or |
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| 21 | 21 | | (B) the complainant has filed in the preceding |
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| 22 | 22 | | seven years at least five complaints that were not substantiated by |
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| 23 | 23 | | the commission. |
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| 24 | 24 | | SECTION 2. Section 5.177(c), Water Code, is amended to read |
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| 25 | 25 | | as follows: |
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| 26 | 26 | | (c) The commission is not required to provide the |
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| 27 | 27 | | information described in Subsection (a) or (b) to a complainant |
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| 28 | 28 | | who: |
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| 29 | 29 | | (1) files an anonymous complaint; |
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| 30 | 30 | | (2) [or] provides inaccurate contact information; or |
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| 31 | 31 | | (3) files a complaint described by Section 5.176(c). |
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| 32 | 32 | | SECTION 3. The changes in law made by this Act apply only to |
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| 33 | 33 | | a complaint filed on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 35 | 35 | | ______________________________ ______________________________ |
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| 36 | 36 | | President of the Senate Speaker of the House |
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| 37 | 37 | | I hereby certify that S.B. No. 471 passed the Senate on |
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| 38 | 38 | | April 27, 2023, by the following vote: Yeas 22, Nays 9. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Secretary of the Senate |
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| 41 | 41 | | I hereby certify that S.B. No. 471 passed the House on |
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| 42 | 42 | | May 23, 2023, by the following vote: Yeas 85, Nays 59, |
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| 43 | 43 | | two present not voting. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Chief Clerk of the House |
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| 46 | 46 | | Approved: |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Date |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Governor |
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