HBA-AMW H.B. 2653 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2653
By: Geren
Environmental Regulation
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Natural Resource Conservation Commission (TNRCC)
requires entities under its jurisdiction, in certain cases, to issue public
notices.  In addition to requiring public notices from private entities,
TNRCC also occasionally publishes public notices.  Although the intent of a
public notice is to properly inform the public of impending actions with
environmental impacts, there is concern that many notices are written in a
highly specialized, technical, or legal language that may be difficult to
understand or inappropriate for the readership of the notice.  House Bill
2653 requires TNRCC to provide standards for the form and content of public
notices so that the form and content of notices is clear and understandable
to members of the general public. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTIONS 1 and 2 (Section 5.127, Water Code) of this bill. 

ANALYSIS

House Bill 2653 amends the Water Code to require the Texas Natural Resource
Conservation Commission (TNRCC) by rule to provide standards for the form
and content of notices issued or published by TNRCC or by a person under
the jurisdiction of TNRCC as required by law or by TNRCC rule.  The bill
requires TNRCC to adopt these rules to take effect not later than March 1,
2002, and provides that the rules must require that the form and content of
notices be clear and understandable to members of the general public.  

EFFECTIVE DATE

September 1, 2001.