Bill Text: TX SB1385 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to notification procedures regarding the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Committee report sent to Calendars [SB1385 Detail]
Download: Texas-2013-SB1385-Introduced.html
Bill Title: Relating to notification procedures regarding the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Committee report sent to Calendars [SB1385 Detail]
Download: Texas-2013-SB1385-Introduced.html
By: Hancock | S.B. No. 1385 | |
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relating to notification procedures regarding the Texas Commission | ||
on Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (1), Section 7.001, Water Code, is | ||
amended to read as follows: | ||
(1) "Commission" means the Texas [ |
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SECTION 2. Section 7.003, Water Code, is amended by adding | ||
Subsection (d) to read as follows: | ||
(d) The commission shall publish each report required under | ||
Subsection (a) on the commission's Internet website not later than | ||
the 15th day before the date of any meeting of the commission for | ||
which public notice is given. | ||
SECTION 3. Section 7.056, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.056. CONSENT. Not later than the 30th [ |
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after the date on which notice is received, the person charged may | ||
give to the commission written or electronic consent to the | ||
executive director's report, including the recommended penalty, or | ||
make a written or electronic request for a hearing. | ||
SECTION 4. Section 7.060, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.060. NOTICE OF PENALTY. If the commission is | ||
required to give notice of a penalty under Section 7.057 or 7.059, | ||
the commission shall publish notice of its decision in the Texas | ||
Register and on the commission's Internet website not later than | ||
the 10th day after the date on which the decision is adopted. | ||
SECTION 5. Subsection (a), Section 7.075, Water Code, is | ||
amended 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 allow the public to comment in writing | ||
on the proposed order or agreement. Notice of the opportunity to | ||
comment shall be published in the Texas Register and on the | ||
commission's Internet website not later than the 30th day before | ||
the date on which the public comment period closes. | ||
SECTION 6. Subsection (b), Section 7.110, Water Code, is | ||
amended to read as follows: | ||
(b) Notice of the opportunity to comment shall be published | ||
in the Texas Register and on the commission's Internet website not | ||
later than the 30th day before the date on which the public comment | ||
period closes. | ||
SECTION 7. Section 7.305, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.305. PROCEDURES. The commission by rule shall | ||
establish procedures for public notice and any public hearing under | ||
this subchapter. The procedures shall: | ||
(1) provide for notice to a county that issued a | ||
license, certificate, or registration that is the subject of the | ||
hearing; and | ||
(2) require notice to be posted on the commission's | ||
Internet website. | ||
SECTION 8. Section 7.355, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.355. COMPLAINTS. In the case of a violation of | ||
Chapter 401, Health and Safety Code, a local government or person | ||
affected may file with the commission a written or electronic | ||
complaint and may request an investigation of an alleged violation | ||
by a person who holds a permit subject to the commission's | ||
jurisdiction. | ||
SECTION 9. Section 7.357, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.357. PROSECUTION. A local government or, in the case | ||
of a violation of Chapter 401, Health and Safety Code, a person | ||
affected as defined in that chapter may bring suit in the county in | ||
which the alleged violation occurred or is about to occur, if the | ||
commission does not have a suit filed before the 121st day after the | ||
date on which the written or electronic complaint is filed under | ||
Section 7.355. | ||
SECTION 10. Subdivision (2), Section 26.001, Water Code, is | ||
amended to read as follows: | ||
(2) "Commission" means the Texas [ |
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SECTION 11. Subsection (b), Section 26.022, Water Code, is | ||
amended to read as follows: | ||
(b) Notice of the hearing shall be published on the | ||
commission's Internet website and at least once in a newspaper | ||
regularly published or circulated in each county where, by virtue | ||
of the county's geographical relation to the subject matter of the | ||
hearing, the commission has reason to believe persons reside who | ||
may be affected by the action that may be taken as a result of the | ||
hearing. The date of the publication shall be not less than 20 days | ||
before the date set for the hearing. | ||
SECTION 12. Subsection (a), Section 26.025, Water Code, is | ||
amended to read as follows: | ||
(a) The commission shall provide notice of a hearing under | ||
Section 26.024 of this code by publishing the notice in the Texas | ||
Register and on the commission's Internet website. | ||
SECTION 13. Section 26.026, Water Code, is amended to read | ||
as follows: | ||
Sec. 26.026. STANDARDS TO BE PUBLISHED. The commission | ||
shall publish on its Internet website its water quality standards | ||
and amendments and shall make copies available to the public on | ||
written request. | ||
SECTION 14. Section 26.3465, Water Code, is amended to read | ||
as follows: | ||
Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF | ||
REGISTRATION OR CERTIFICATION OF COMPLIANCE. An owner or operator | ||
of an underground storage tank who fails or refuses to provide, | ||
before the 21st day after [ |
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registration of or certification of compliance for an underground | ||
storage tank is liable for a civil penalty under Subchapter D, | ||
Chapter 7. | ||
SECTION 15. Subsection (k), Section 26.3512, Water Code, is | ||
amended to read as follows: | ||
(k) An owner or operator of a site for which a closure letter | ||
has been issued under Section 26.3572 shall pay under Subsection | ||
(b)(1) not more than the first $50,000 of expenses for corrective | ||
action for each occurrence. | ||
SECTION 16. Subsection (f), Section 26.352, Water Code, is | ||
amended to read as follows: | ||
(f) The commission shall enforce this section and may impose | ||
administrative and civil penalties on the owners or operators of | ||
underground storage tanks if acceptable evidence of financial | ||
responsibility is not maintained. The amount of an administrative | ||
or civil penalty imposed under this subsection may not be less than | ||
the annual cost, as estimated by the commission, of maintaining the | ||
minimum insurance coverage required in the State of Texas for the | ||
tank as determined under Subsection (c). | ||
SECTION 17. Section 26.3572, Water Code, is amended by | ||
adding Subsections (e), (f), and (g) to read as follows: | ||
(e) The commission shall give notice of its decision to | ||
approve or disapprove a site assessment under this section not | ||
later than the 10th day after the date on which the decision is | ||
adopted. | ||
(f) The commission may not issue a closure letter under | ||
Subsection (b) until the owner or operator submits a signed | ||
statement certifying that the requirements of the corrective action | ||
plan have been accomplished. | ||
(g) If an owner or operator of a site submits to the | ||
commission a signed certification under Subsection (f), the | ||
commission shall notify the state senator and state representative | ||
in whose district the site lies of that certification. | ||
SECTION 18. Section 26.362, Water Code, is amended to read | ||
as follows: | ||
Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. The | ||
commission is immune from liability in any action against the | ||
commission to test the validity of a closure letter issued under | ||
Section 26.3572 if the letter is issued in accordance with that | ||
section and commission rules. | ||
SECTION 19. Subsection (b), Section 26.408, Water Code, is | ||
amended to read as follows: | ||
(b) Not later than the 30th day after the date the | ||
commission receives notice under Subsection (a) or obtains | ||
independent knowledge of groundwater contamination, the commission | ||
shall post the notice on its Internet website and shall make every | ||
effort to give notice of the contamination by first class mail to | ||
each owner of a private drinking water well that may be affected by | ||
the contamination and to each applicable groundwater conservation | ||
district. | ||
SECTION 20. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. |