BILL ANALYSIS Senate Research Center S.B. 813 88R5147 MP-D By: Miles Natural Resources & Economic Development 4/6/2023 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT State officials rely on transparent communication on issues that arise in their districtespecially regarding those issues that relate to the health and safety of their constituents. Currently, the Texas Commission on Environmental Quality (TCEQ) is not required to notify elected officials about penalties assessed within the elected officials' respective districts. Environmental malfeasance directly affects the health and safety of the constituents of any elected state official. S.B. 813 would require TCEQ to issue a notification to members of the Texas Legislature whenever a penalty is assessed against an entity within the member's respective district. As proposed, S.B. 813 amends current law relating to providing notice to a state representative and senator of certain administrative actions of the Texas Commission on Environmental Quality. [Note: While the statutory reference in this bill is to Texas Natural Resource Conservation Commission, the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to Texas Natural Resource Conservation Commission. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7.060, Water Code, as follows: Sec. 7.060. NOTICE OF PENALTY. Requires the Texas Natural Resource Conservation Commission (TNRCC), if TNRCC is required to give notice of a penalty under Section 7.057 (Default) or 7.059 (Notice of Decision), to: (1) creates this subdivision from existing text; and (2) notify the state representative and state senator who represent the area where the violation for which the penalty is being assessed occurred. SECTION 2. Amends Section 7.075(a), Water Code, as follows: (a) Requires TNRCC, before TNRCC approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under Subchapter C (Administrative Penalties) to which TNRCC is a party, to: (1) creates this subdivision from existing text; (2) publish notice of the opportunity to comment on the proposed order or agreement in the Texas Register not later than the 30th day before the date on which the public comment period closes; and (3) notify the state representative and state senator who represent the area in which the violation that is the subject of the proposed order or agreement occurred. SECTION 3. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center S.B. 813
88R5147 MP-D By: Miles
Natural Resources & Economic Development
4/6/2023
As Filed
Senate Research Center
S.B. 813
88R5147 MP-D
By: Miles
Natural Resources & Economic Development
4/6/2023
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
State officials rely on transparent communication on issues that arise in their districtespecially regarding those issues that relate to the health and safety of their constituents. Currently, the Texas Commission on Environmental Quality (TCEQ) is not required to notify elected officials about penalties assessed within the elected officials' respective districts. Environmental malfeasance directly affects the health and safety of the constituents of any elected state official.
S.B. 813 would require TCEQ to issue a notification to members of the Texas Legislature whenever a penalty is assessed against an entity within the member's respective district.
As proposed, S.B. 813 amends current law relating to providing notice to a state representative and senator of certain administrative actions of the Texas Commission on Environmental Quality.
[Note: While the statutory reference in this bill is to Texas Natural Resource Conservation Commission, the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to Texas Natural Resource Conservation Commission.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 7.060, Water Code, as follows:
Sec. 7.060. NOTICE OF PENALTY. Requires the Texas Natural Resource Conservation Commission (TNRCC), if TNRCC is required to give notice of a penalty under Section 7.057 (Default) or 7.059 (Notice of Decision), to:
(1) creates this subdivision from existing text; and
(2) notify the state representative and state senator who represent the area where the violation for which the penalty is being assessed occurred.
SECTION 2. Amends Section 7.075(a), Water Code, as follows:
(a) Requires TNRCC, before TNRCC approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under Subchapter C (Administrative Penalties) to which TNRCC is a party, to:
(1) creates this subdivision from existing text;
(2) publish notice of the opportunity to comment on the proposed order or agreement in the Texas Register not later than the 30th day before the date on which the public comment period closes; and
(3) notify the state representative and state senator who represent the area in which the violation that is the subject of the proposed order or agreement occurred.
SECTION 3. Effective date: September 1, 2023.