HBA-KMH H.B. 3282 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3282
By: Maxey
Environmental Regulation
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

During a joint compliance and enforcement review project by the Texas
Natural Resource Conservation Commission (TNRCC) and the Texas State
Auditor's Office, the findings revealed that despite numerous improvements
further actions were needed to improve operations in key risk areas; one of
those areas includes meeting compliance enforcement information needs.
Historical violation information, which could help focus inspections on
common problems, is not consistently or comprehensively available.  At this
time the agency is unable to analyze historical violations, identify
noncompliance patterns and consistently communicate this information to the
regulated community.  
H.B. 3282 authorizes the dissemination of information relating to common
and significant violations of environmental and health and safety laws by a
state agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1, Title 71, V.T.C.S., by adding Article 4447dd,
as follows: 

Art.  4447dd.  AUTHORITY OF STATE AGENCY TO REPORT TO REGULATED INDUSTRIES
ON VIOLATIONS.  Authorizes a state agency to provide a regulated industry
or an entity representing a regulated industry a summary of common and
significant violations of environmental or health and safety laws by
members of that industry, other than violations disclosed to the agency
under Article 4447cc, V.T.C.S. (Texas Environmental, Health, and Safety
Audit Privilege Act), in order to help prevent future violations. 

SECTION 2. Emergency clause.
  Effective date: upon passage.