AUSTIN, Texas — Some Texas environmentalists are taking issue with Senate Bill 471.
The bill would give the Texas Commission on Environmental Quality (TCEQ) discretion to not inspect facilities when complaints are filed, under certain circumstances.
The bill would make it so that the commission wouldn't be required to investigate a complaint that may be addressed during other commission activities or that was filed by someone when there isn't "reasonable probability" that the TCEQ can substantiate the complaint, whether that's because the complaint is "repetitious or redundant" of other complaints or because the complainant has filed a certain number of unsubstantiated complaints in recent years.
Supporters told the House Committee on Environmental Regulations on Wednesday the bill aims to free up the TCEQ to investigate legitimate complaints. They say the commission gets too many frivolous complaints.
They cited two individuals who made 39 complaints in fiscal year 2022 against the same two asphalt operations. Those complaints resulted in no findings by the TCEQ.
A TCEQ staffer said they get about 10,000 complaints a year, and 5,000 of those led to investigations.
The original bill would have allowed the state agency to impose fines when residents make more than three complaints in one year. That was taken out.
Meanwhile, opponents say the latest version of the bill gears toward shutting down environmental complaints in Texas.
"In my experience working at the TCEQ for almost 30 years, there's very few frivolous complaints. People are affected negatively by industries and processes, and they should have the right and ability to make complaints," said Tim Doty, an environmental consultant.
SB 471 is headed for a public hearing after it passed out of the Texas Senate in April.