Rep. Zwiener Lays Out Common-Sense Bill on TCEQ Penalties
Austin, TX — State Representative Erin Zwiener (D-Driftwood) laid out House Bill 3035 last week in front of the House Environmental Regulation Committee to protect clean air and clean water. The common-sense bill would make certain that penalties imposed by the Texas Commission on Environmental Quality are at least equal to the value of economic benefit gained by the alleged violator.
“We all know that fines exist to discourage bad behavior,” said Rep. Zwiener. “But if the consequence for ignoring the law is less than the financial gain, why would you stop? We need to ensure that businesses whose violations harm Texans are penalized at least the amount of any economic benefit from the harm done. We need a regulatory structure that encourages proactive compliance instead of rewarding strategic negligence.”
In an analysis of more than 9,000 enforcement actions over the past five years, KXAN found more than half of all businesses targeted by the TCEQ have received a discount of at least 20 percent on their fines, and in some cases, an even higher discount, suggesting a widespread problem. In her bill layout, Rep. Zwiener referenced an incident of a low fine levied against Intercontinental Terminals Company, where a devastating fire occurred this year in Deer Park.
“TCEQ’s job is to protect our air and water quality,” said Rep. Zwiener. “Appropriate penalties for endangering our environment are essential to protecting Texas from industrial disasters.”
Public Health Committee Hears Rep. Zwiener’s Bill to Protect Patient Care Access
Austin, TX — State Representative Erin Zwiener (D-Driftwood) forged ahead with her legislation aimed at increasing access to proper patient care and pain treatment.
Laying out House Bill 4145 in front of the House Committee on Public Health on Wednesday, Rep. Zwiener said the legislation would help Texas patients, particularly chronic pain patients, by disallowing a practitioner to refuse treatment or deny a controlled substance prescription solely because the results of a drug test taken by the patient indicated tetrahydrocannabinol (THC) or cannabidiol in the patient’s body.
“Many patients, especially veterans and chronic pain patients, use marijuana to alleviate pain and relieve nausea or anxiety,” Rep. Zwiener said. “Just because a patient does this should not be grounds to discharge that person. Unfortunately, many physicians use urinary drug testing to discharge patients when they discover they have used marijuana recently. We have a chance here to protect access to care for patients, especially those with chronic pain and anxiety.”
The bill’s hearing came the same week that the Texas House passed Rep. Joe Moody’s House Bill 63, which reduces personal-use marijuana penalties. Rep. Zwiener is also a coauthor on House Bill 1365 by Representative Eddie Lucio III (D-Brownsville), which would authorize the use of medical cannabis for patients with certain debilitating medical conditions.
“I think we are making substantial progress on access to medical marijuana and marijuana decriminalization,” Rep. Zwiener said. “I am hopeful that this session, we can provide patients in Texas with another tool to relieve pain and improve their quality of life.”
Rep. Zwiener’s First Bill Passes House
Bill Address the Pollutant Discharge Permit Process
Austin, TX — State Representative Erin Zwiener’s (D-Driftwood) first bill passed the Texas House of Representatives on Thursday, May 2, with 82 members voting in support.
House Bill 4116 would create a voluntary financial assurance program for discharge permits administered by the Texas Commission on Environmental Quality.
Inspired by a contentious, multi-year conflict regarding Dripping Springs’s wastewater facility expansion and discharge permit, HB 4116 seeks to allow affected parties and permit applicants an avenue for compromise, flexibility, and public buy-in during discharge permit conflicts.
“This bill would establish a new way forward in the discharge permitting process,” Rep. Zwiener said. “We’re seeking to create an avenue for upfront, voluntary negotiation between applicants and interest groups. It’s a commonsense piece of legislation that will help cities and communities avoid bureaucratic headaches and costly setbacks as well as encourage more beneficial reuse of water. In passing this bill, we will help provide a model for future collaborative efforts around environmental permitting.”
House Bill 4116, would allow a permit applicant to voluntarily negotiate an agreement upfront with interest groups if they believe it will help them avoid a contested case. This agreement would include more stringent limitations than the TCEQ permit and would be backed up with bonding, a letter of credit, or an escrow account. Senator Dawn Buckingham will be picking the bill up in the Senate.
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Erin Zwiener of Driftwood in one of five Democrat legislators serving in the Texas House of Representative having formed the State Legislature’s first-ever LGBTQ Caucus. Zwiener's newly formed Caucus has now effectively killed a House bill that Zweiner argued would be discriminatory against the LGBTQ community. The bill's author said it would protect religious liberties.
House Bill 3172, also called the "Save Chick-fil-A" bill, would have prohibited government from taking "adverse action" against any individuals or businesses based on membership, support or donations to religious groups.
In March, San Antonio's city council approved a new concessions contract for the San Antonio International Airport -- on the condition that Chick-fil-A be excluded.
The Texas attorney general's office opened an investigation into whether the city of San Antonio violated Chick-fil-A's religious liberty over its decision. The fast food chain has been targeted by supporters of same-sex marriage in recent years after its president, Dan Cathy, said the company supported "the biblical definition of the family unit."
"Texas Democrats are targeting any organization or belief they do not agree with by attacking their religious liberty and freedoms ," Texas GOP Chairman James Dickey said in a statement, arguing that HB 3172 "sought to defend Texans from government persecution based on their beliefs - which everyone should be in favor of. Instead, Texas Democrats continue to show their true colors by denying Texans their Constitutionally guaranteed freedoms," Dickey added.
“It’s important that those of us who are members of the LGBTQ community stand together to make sure that all Texans are treated fairly,” Rep. Zwiener told the Dallas Morning News. Zweiner would not comment upon whether her statement was meant to include Chick-fil-A.