2003S0291-1 02/14/03
By: Armbrister S.B. No. 1265
A BILL TO BE ENTITLED
AN ACT
relating to initiating the prosecution of environmental crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PURPOSE. The purpose of this Act is to ensure
statewide consistency in the interpretation and enforcement of
environmental laws.
SECTION 2. AMENDMENT. Subchapter E, Chapter 7, Water Code,
is amended by adding Section 7.203 to read as follows:
Sec. 7.203. INITIATION OF PROSECUTION. (a) The commission
or the executive director shall consult with the attorney general
concerning possible criminal prosecution of any alleged violation
under this code, the Health and Safety Code, or any other statute or
permit that is within the commission's jurisdiction. In response
to the specific request of the commission or the executive
director, the attorney general may institute the procedures
established by Subsection (b).
(b) The attorney general, after evaluating an alleged
violation as described by Subsection (a), may:
(1) notify the prosecuting attorney in the county in
which the violation allegedly occurred to recommend prosecution of
the alleged violation; and
(2) offer the investigative, technical, and
litigation assistance of the attorney general's office in any
prosecution of the alleged violation brought by the prosecuting
attorney.
(c) Performance of the acts described by Subsections (a) and
(b) by the appropriate individuals in accordance with those
subsections is a condition precedent to the filing of criminal
charges by any prosecuting attorney for an alleged violation under
this code, the Health and Safety Code, or any other statute or
permit that is within the commission's jurisdiction, if the
potential defendant holds a permit issued by the commission or is
employed by a person holding such permit.
(d) In making an evaluation and recommendation for
initiation of prosecution under this section, the commission and
the attorney general shall consider the factors prescribed in
Section 7.053 and whether available administrative or civil
remedies would adequately address the alleged violation.
SECTION 3. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.