2003S0291-1 02/14/03

By:  Capelo                                                       H.B. No. 3164


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.