HBA-TBM S.B. 1390 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1390
By: Brown, J. E. "Buster"
Environmental Regulation
5/4/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Clean Air Act requires a rock crusher or concrete plant
(facility) to obtain a preconstruction permit before commencing operation.
Some facilities in Texas are operating without the necessary permits.
Senate Bill 1390 requires the Texas Natural Resource Conservation
Commission to immediately shut down a facility that is operating without
the required permit and to impose a penalty for each day that a facility
operates in violation of the permit requirements.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1390 amends the Water Code to require the Texas Natural
Resource Conservation Commission to issue an emergency order suspending
operations of a rock crusher or a concrete plant (facility) that performs
wet batching, dry batching, or central mixing and is operating without a
preconstruction permit required under the Texas Clean Air Act.  The bill
establishes a penalty of $10,000 for operating a facility without the
required preconstruction permit and provides that each day that a
continuing violation occurs is a separate violation.   

EFFECTIVE DATE

September 1, 2001.