Bill

SB 394

84(R) - 2015
Senate Agriculture, Water & Rural Affairs
Senate Agriculture, Water & Rural Affairs
Municipalities
Energy & Environment

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Charles Perry

Bill Caption

Relating to the use of supplemental environmental projects by a local government to come into compliance with environmental laws or remediation environmental harm caused by the local government.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

If passed, SB 394 would amend the water code in such a way that first time offenders (local governments) of a Texas Commission on Environmental Quality regulation would be permitted to apply their penalty towards a supplemental environmental project (SEP) which would bring them into compliance. Compliance is understood as remediation of environmental harm (as defined by the TCEQ) or adherence to current environmental laws. 

Vote Recommendation Notes

SB 394, if passed would allow local governments more flexibility in dealing with violations brought to their attention by the TCEQ. Notably, this mechanism applies only to first time offenses. SB 394 is a prudent mechanism which would allow local governments to address issues with the TCEQ without merely having to pay fines to the state government. Without this mechanism penalty costs borne by local taxpayers would be less likely to be utilized in their own area for their own benefit. For this reason we are in support of SB 394.