1 | 1 | | S.B. No. 813 |
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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 providing notice to a state representative and senator |
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6 | 6 | | of certain administrative actions of the Texas Commission on |
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7 | 7 | | Environmental Quality. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 7.060, Water Code, is amended to read as |
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10 | 10 | | follows: |
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11 | 11 | | Sec. 7.060. NOTICE OF PENALTY. (a) If the commission is |
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12 | 12 | | required to give notice of a penalty under Section 7.057 or 7.059, |
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13 | 13 | | the commission shall: |
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14 | 14 | | (1) publish notice of its decision in the Texas |
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15 | 15 | | Register not later than the 10th day after the date on which the |
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16 | 16 | | decision is adopted; and |
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17 | 17 | | (2) if required by Subsection (b), notify the state |
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18 | 18 | | representative and state senator who represent the area where the |
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19 | 19 | | violation for which the penalty is being assessed occurred. |
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20 | 20 | | (b) The commission shall: |
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21 | 21 | | (1) affirmatively offer each state representative and |
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22 | 22 | | state senator the opportunity to receive notice under Subsection |
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23 | 23 | | (a)(2); and |
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24 | 24 | | (2) provide appropriate notice to each representative |
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25 | 25 | | or senator who elects to receive notice under this section. |
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26 | 26 | | SECTION 2. Section 7.075, Water Code, is amended by |
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27 | 27 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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28 | 28 | | follows: |
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29 | 29 | | (a) Before the commission approves an administrative order |
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30 | 30 | | or proposed agreement to settle an administrative enforcement |
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31 | 31 | | action initiated under this subchapter to which the commission is a |
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32 | 32 | | party, the commission shall: |
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33 | 33 | | (1) allow the public to comment in writing on the |
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34 | 34 | | proposed order or agreement; |
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35 | 35 | | (2) publish notice[. Notice] of the opportunity to |
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36 | 36 | | comment on the proposed order or agreement [shall be published] in |
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37 | 37 | | the Texas Register not later than the 30th day before the date on |
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38 | 38 | | which the public comment period closes; and |
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39 | 39 | | (3) if required by Subsection (a-1), notify the state |
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40 | 40 | | representative and state senator who represent the area in which |
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41 | 41 | | the violation that is the subject of the proposed order or agreement |
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42 | 42 | | occurred. |
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43 | 43 | | (a-1) The commission shall: |
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44 | 44 | | (1) affirmatively offer each state representative and |
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45 | 45 | | state senator the opportunity to receive notice under Subsection |
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46 | 46 | | (a)(3); and |
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47 | 47 | | (2) provide appropriate notice to each representative |
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48 | 48 | | or senator who elects to receive notice under this section. |
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49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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50 | 50 | | ______________________________ ______________________________ |
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51 | 51 | | President of the Senate Speaker of the House |
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52 | 52 | | I hereby certify that S.B. No. 813 passed the Senate on |
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53 | 53 | | April 26, 2023, by the following vote: Yeas 30, Nays 1. |
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54 | 54 | | ______________________________ |
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55 | 55 | | Secretary of the Senate |
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56 | 56 | | I hereby certify that S.B. No. 813 passed the House on |
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57 | 57 | | May 24, 2023, by the following vote: Yeas 107, Nays 31, |
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58 | 58 | | one present not voting. |
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59 | 59 | | ______________________________ |
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60 | 60 | | Chief Clerk of the House |
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61 | 61 | | Approved: |
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62 | 62 | | ______________________________ |
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63 | 63 | | Date |
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64 | 64 | | ______________________________ |
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65 | 65 | | Governor |
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