HBA-MPM S.B. 828 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 828
By: Shapleigh
Environmental Regulation
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) is authorized to compromise, modify, or set aside administrative
penalties on businesses or other entities for violations of environmental
law or agency rules.  One factor TNRCC uses to determine the amount of the
administrative penalty is the violator's willingness to contribute to a
"supplemental environment project" approved by TNRCC.  S.B. 828 authorizes
TNRCC to approve supplemental environmental projects located partially or
wholly in Mexico if the project substantially benefits territory in Texas.  

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 7.067, Water Code, to authorize the Texas
Natural Resource Conservation Commission (TNRCC) to approve a supplemental
environmental project with activities in the territory of the United
Mexican States if the project substantially benefits territory in this
state in a manner described under this subsection (specifically, projects
described under the definition of "supplemental environmental project").
Prohibits TNRCC  from approving a project that is necessary to bring a
respondent into compliance with environmental laws or that is necessary to
remediate environmental harm caused by the respondent's alleged violation.
Redefines "supplemental environmental project" to make conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.