HBA-JLV H.B. 3083 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3083
By: Burnam
Environmental Regulation
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) helps to protect
human health by ensuring clean air, clean water, and the safe management of
waste.  The Sunset Advisory Commission, after its review of TNRCC,  has
determined that there is a need to change TNRCC's complaint process. TNRCC
does not record all of the complaints it receives and therefore does not
have the ability to notify parties of the status of their complaints.
TNRCC does assign a priority to each complaint filed, but does not
currently consider situations posing a threat to public health or the
environment a priority and therefore does not respond immediately.  House
Bill 3083 requires TNRCC to notify the appropriate parties of the status of
a complaint and put in writing a final disposition and to promptly respond
to complaints on potential threats to public health and safety or to the
environment. 

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 SECTION 2 (Section 5.1771, Water Code)  and SECTION 3 of this
bill. 

ANALYSIS

House Bill 3038 amends the Water Code to require the Texas Natural Resource
Conservation Commission (TNRCC) to notify the appropriate parties to a
complaint of the final disposition of the complaint, in writing and in a
manner understandable to a layperson, if a complaint is received by TNRCC
relating to an entity regulated by TNRCC. 

The bill requires TNRCC to promptly respond to a complaint received by
TNRCC involving a potential threat to public health and safety or to the
environment and to establish by rule the time within which TNRCC must
respond to and investigate the complaint.  The bill requires TNRCC to
develop or acquire any resources necessary to respond to and investigate
complaints in a prompt manner and requires TNRCC to file annually with the
governor and the presiding officer of each house of the legislature, a
written report describing the resources that TNRCC determines are necessary
to ensure and improve TNRCC's response to complaints. 

The bill requires TNRCC to establish and track specific, measurable
indicators of agency performance including the number of notices of
violation and enforcement orders issued by TNRCC, the amount of
administrative penalties assessed and collected, and the number of licenses
and permits suspended or revoked. 

The bill requires TNRCC to adopt all rules necessary to implement this Act,
not later than January 1, 2002. 

EFFECTIVE DATE

September 1, 2001.