GUM S.B. 1307 76(R)    BILL ANALYSIS

Office of House Bill AnalysisS.B. 1307
By: Brown
Natural Resources


The 75th Texas Legislature enacted legislation creating Section 7.351,
Water Code, which consolidates environmental enforcement authority,
allowing local governmental entities to enforce certain sections of the
Water Code and Health and Safety Code through civil litigation.  However,
the enacting legislation did not to include Chapter 366 (On-Site Sewage
Disposal Systems) in the consolidation of enforcement authority. 

S.B. 1307 authorizes local governmental entities authorized by the Texas
Natural Resource Conservation Commission to enforce rules adopted under
Chapter 366, Health and Safety Code, through civil litigation. 


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 1.  Amends Section 7.351, Water Code, to authorize a local
governmental entity authorized by the Texas Natural Resource Conservation
Commission (TNRCC) to implement and enforce rules adopted under Chapter 366
(On-Site Sewage Disposal Systems), if it appears that a violation or threat
of violation of that chapter has occurred or is occurring in the
jurisdiction of that local governmental entity, to institute a civil suit
under Subchapter D (Civil Penalties) for the injunctive relief or civil
penalty, or both, as authorized by this chapter (Enforcement) against the
person who committed, is committing, or is threatening to commit the

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.