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Committee endorses opt‑in requirement for TCEQ to notify legislators of enforcement actions

3084500 · April 22, 2025

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Summary

A committee substitute to SB 23 86 would require the Texas Commission on Environmental Quality to notify state senators or representatives who opt in whenever the agency assesses a penalty within that member’s district; committee adopted the substitute and reported the bill favorably.

Senate Bill 23 86 would require the Texas Commission on Environmental Quality (TCEQ) to send notification of enforcement penalties to the state senator and representative for the district in which the assessed entity is located, on an opt‑in basis. The committee adopted a substitute that makes the notification opt‑in for the legislator rather than mandatory for all members.

Proponents included industry counsel (Logan Harrell for the Texas Chemical Council) and public‑interest groups (Adrian Shelley, Public Citizen). Supporters said the opt‑in model preserves staff bandwidth at TCEQ while allowing legislators who want to receive enforcement notifications in their districts to do so.

Why it matters: The substitute formalizes an informal practice—legislators frequently learn of enforcement through constituent contacts—and creates a consistent, opt‑in notification channel between TCEQ and elected officials.

Ending: The committee adopted the substitute and reported the bill favorably; the substitute was drafted to reduce administrative burden by making notifications optional for legislators who wish to receive them.