2003S1018-1 04/08/03
By: Capelo H.B. No. 3164
Substitute the following for H.B. No. 3164:
By: Smith of Harris C.S.H.B. No. 3164
A BILL TO BE ENTITLED
AN ACT
relating to 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. CRIMINAL ENFORCEMENT REVIEW. (a) This section
is applicable to criminal prosecution of alleged environmental
violations of this code, of the Health and Safety Code, or of any
other statute, rule, order, permit or other decision of the
commission that is within the commission's jurisdiction committed
by a defendant holding a permit issued by the commission or a
defendant employed by a person holding such a permit. It is an
exception to the application of this section that the alleged
environmental violation clearly involves imminent danger of death
or bodily injury under an endangerment offense specified in Section
7.252.
(b) Before a peace officer, as that term is defined in
Section 7.193 or Chapter 2, Code of Criminal Procedure, may refer
any alleged criminal environmental violation of this code, of the
Health and Safety Code, or of any other statute, rule, order, permit
or other decision of the commission that is within the commission's
jurisdiction to a prosecuting attorney for criminal prosecution,
the peace officer shall notify the commission in writing of the
alleged criminal environmental violation and include with the
notification a report describing the facts and circumstances of the
alleged criminal environmental violation.
(c) As soon as practicable and in no event later than the
60th day after receiving a notice and report under Subsection (b),
the commission shall evaluate the report and determine whether an
alleged environmental violation exists and whether administrative
or civil remedies would adequately and appropriately address the
alleged environmental violation. In making its evaluation and
determination, the commission shall consider the factors
prescribed in Section 7.053.
(d) If the commission determines that an alleged
environmental violation exists and that administrative or civil
remedies are inadequate or inappropriate to address the violation,
the commission shall so notify the peace officer in writing of the
reasons why administrative or civil remedies are inadequate or
inappropriate and recommending criminal prosecution. In all other
cases, the commission shall issue written notification to the peace
officer that the alleged environmental violation is to be resolved
through administrative or civil means by the appropriate
authorities.
(e) Any fine, penalty, or settlement recovered through a
prosecution subject to this section and brought in the name and by
authority of the State of Texas, whether recovered through any form
of pretrial resolution, plea agreement, or sentencing after trial,
shall be apportioned 80 percent to the state to cover the costs of
instituting the procedures and requirements of Subsections (a)-(d)
and 20 percent to any local government significantly involved in
prosecuting the case. In a case where the procedures described in
this section do not apply, the provisions of Section 7.190 apply.
SECTION 3. TRANSITION. Not later than six months after the
effective date of this Act, the Texas Commission on Environmental
Quality by rule shall establish procedures to fulfill the
requirements of Subsections (a) through (d), Section 7.203, Water
Code, as added by this Act, and to ensure an objective and unbiased
process.
SECTION 4. 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.