GUM S.B. 1307 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1307 By: Brown Natural Resources 4/26/1999 Engrossed BACKGROUND AND PURPOSE 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. 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 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 violation. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.