Texas 2023 - 88th Regular

Texas Senate Bill SB813 Latest Draft

Bill / Enrolled Version Filed 05/25/2023

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                            S.B. No. 813


 AN ACT
 relating to providing notice to a state representative and senator
 of certain administrative actions of the Texas Commission on
 Environmental Quality.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 7.060, Water Code, is amended to read as
 follows:
 Sec. 7.060.  NOTICE OF PENALTY.  (a)  If the commission is
 required to give notice of a penalty under Section 7.057 or 7.059,
 the commission shall:
 (1)  publish notice of its decision in the Texas
 Register not later than the 10th day after the date on which the
 decision is adopted; and
 (2)  if required by Subsection (b), notify the state
 representative and state senator who represent the area where the
 violation for which the penalty is being assessed occurred.
 (b)  The commission shall:
 (1)  affirmatively offer each state representative and
 state senator the opportunity to receive notice under Subsection
 (a)(2); and
 (2)  provide appropriate notice to each representative
 or senator who elects to receive notice under this section.
 SECTION 2.  Section 7.075, Water Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  Before the commission approves an administrative order
 or proposed agreement to settle an administrative enforcement
 action initiated under this subchapter to which the commission is a
 party, the commission shall:
 (1)  allow the public to comment in writing on the
 proposed order or agreement;
 (2)  publish notice[.  Notice] of the opportunity to
 comment on the proposed order or agreement [shall be published] in
 the Texas Register not later than the 30th day before the date on
 which the public comment period closes; and
 (3)  if required by Subsection (a-1), 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.
 (a-1)  The commission shall:
 (1)  affirmatively offer each state representative and
 state senator the opportunity to receive notice under Subsection
 (a)(3); and
 (2)  provide appropriate notice to each representative
 or senator who elects to receive notice under this section.
 SECTION 3.  This Act takes effect September 1, 2023.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 813 passed the Senate on
 April 26, 2023, by the following vote:  Yeas 30, Nays 1.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 813 passed the House on
 May 24, 2023, by the following vote:  Yeas 107, Nays 31,
 one present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor