If you file too many complaints with the Texas Commission on Environmental Quality, you could get slapped with a fine under Senate Bill 471.
It's not easy reporting a violation to the Texas Commission on Environmental Quality. This bill could make it harder.State Sen. Drew Springer, a Weatherford Republican, filed a bill that would impose a fine on people who submit multiple complaints to the Texas Commission on Environmental Quality . Springer calls his legislation a common sense bill to tackle vexatious complainants and conserve TCEQ resources.
She said the disconnect is that the agency doesn’t always believe that what is being reported constitutes a violation of the Federal Clean Air Act or TCEQ enforcement policy. Under this bill, Bazan said people would have to know more about federal air quality regulations and how the TCEQ handles complaints if they hope to avoid a fine.
The Sunset Advisory Commission’s review of the TCEQ cited inefficient administrative processes and the increased strain of nuisance-based complaint investigations that diminished the agency’s ability to monitor compliance and take necessary enforcement measures. According to the commission, which periodically reviews state agencies, the TCEQ conducted more than 117,000 inspections in fiscal year 2021. About 4,750 of those were based on complaints the TCEQ received.
He said these are examples of vexatious complaints for which people should be fined. The TCEQ would be tasked with establishing a fee for each type of complaint, with each fee less than or equal to the cost of investigating the complaints. Springer said investigations can cost anywhere between $700 and $9,000. The commission could also decide to waive the fee “for good cause,” Springer said.
She added, “I understand that the TCEQ needs more resources for investigation. I think that should be more of the focus instead of really punishing folks if they’re filing multiple complaints.”Tim Doty, a former TCEQ employee, also testified against the bill Monday. “The proposed legislation could unnecessarily punish economically challenged communities living adjacent to big polluters,” he said.
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