H.B. No. 907

	AN ACT
	relating to the regulation of aggregate production operations by
	the Texas Commission on Environmental Quality; increasing a fee;
	increasing administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 28A.053, Water Code, is amended to read
	as follows:
	Sec. 28A.053.  INSPECTION. (a)  The commission shall
	inspect each active aggregate production operation in this state
	for compliance with applicable environmental laws and rules under
	the jurisdiction of the commission:
	(1)  at least once every two [three] years during the
	first six years in which the operation is registered; and
	(2)  after the expiration of the period described by
	Subdivision (1), at least once every three years.
	(b)  Except as provided by Subsection (c), the [The]
	commission may conduct an inspection only after providing notice to
	the responsible party in accordance with commission policy.
	(c)  The commission may conduct unannounced periodic
	inspections under this section of an aggregate production operation
	that in the preceding three-year period has been issued a notice of
	violation by the commission for a violation of an environmental law
	or rule under the jurisdiction of the commission.  The unannounced
	inspections may be conducted only for a period of not more than one
	year.
	(d)  An [Except as provided by Subsection (d), an] inspection
	must be conducted by one or more inspectors trained in the
	regulatory requirements [under the jurisdiction of the commission
	that are] applicable to [an] active aggregate production operations
	under the jurisdiction of the commission [operation].  If the
	inspection is conducted by more than one inspector, each inspector
	is not required to be trained in each of the applicable regulatory
	requirements, but the combined training of the inspectors must
	include each of the applicable regulatory requirements.  The
	applicable regulatory requirements include requirements related
	to:
	(1)  individual water quality permits issued under
	Section 26.027;
	(2)  a general water quality permit issued under
	Section 26.040;
	(3)  air quality permits issued under Section 382.051,
	Health and Safety Code; and
	(4)  other regulatory requirements applicable to
	active aggregate production operations under the jurisdiction of
	the commission.
	(e) [(d)]  An investigation in response to a complaint
	satisfies the requirement of an inspection under this section if a
	potential noncompliance issue not related to the complaint is
	observed and is:
	(1)  not within an area of expertise of the
	investigator but is referred by the investigator to the commission
	for further investigation; or
	(2)  within an area of expertise of the inspector and is
	appropriately investigated and appropriately addressed in the
	investigation report.
	SECTION 2.  Section 28A.101(b), Water Code, is amended to
	read as follows:
	(b)  The commission shall set the annual registration fee in
	an amount sufficient to maintain a registry of active aggregate
	production operations in this state and implement this chapter, not
	to exceed $1,500 [$1,000].
	SECTION 3.  Section 28A.102, Water Code, is amended to read
	as follows:
	Sec. 28A.102.  PENALTY. The commission may assess a penalty
	of not less than $5,000 and not more than $20,000 [$10,000] for each
	year in which an aggregate production operation operates without
	being registered under this chapter.  The total penalty under this
	section may not exceed $40,000 [$25,000] for an aggregate
	production operation that is operated in three or more years
	without being registered.
	SECTION 4.  Section 28A.102, Water Code, as amended by this
	Act, applies only to a penalty assessed on or after the effective
	date of this Act.  A penalty assessed before the effective date of
	this Act is governed by the law in effect on the date the penalty was
	assessed, and the former law is continued in effect for that
	purpose.
	SECTION 5.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 907 was passed by the House on May 10,
	2019, by the following vote:  Yeas 124, Nays 13, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 907 on May 23, 2019, by the following vote:  Yeas 135, Nays 8, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 907 was passed by the Senate, with
	amendments, on May 20, 2019, by the following vote:  Yeas 28, Nays
	3.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor