HBA-KDB H.B. 2339 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2339
By: Turner, Sylvester
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

The 75th Legislature consolidated provisions relating to environmental
crimes in Chapter 7, Water Code. However, none of the appropriate
definitions that defined these offenses were included in the appropriate
provisions.  In fact, the only definitions currently included in the Water
Code subchapter on criminal offenses and penalties are medical waste
definitions.  This may cause confusion as a practical matter in the trial
courts with judges that may not be familiar with these offenses or the
appropriate definitions.  House Bill 2339 adds the appropriate statutory
definitions to provisions in the Water Code that relate to environmental
crimes. 

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. 

ANALYSIS

House Bill 2339 amends the Water Code to consolidate the following
statutory definitions in provisions relating to the prosecution of certain
environmental crimes: "agricultural waste," "air contaminant," "air
pollution," "association," "discharge," "to discharge," "disposal,"
"hazardous waste," "industrial and municipal waste," "industrial waste,"
"municipal waste," "other waste," "point source," "pollutant," "pollution,"
"recreational waste,"  "release,"  "sewage," "sewer," "solid waste,"
"storage," "used oil," "waste," and "water."  The bill also modifies the
definition of "corporation." 

EFFECTIVE DATE

September 1, 2001.