SB 3074: Lawmakers Can Call TCEQ On Pending Cases, Off The Record

Caption

relating to communications between the Texas Commission on Environmental Quality and the governor, the lieutenant governor, or a member of the legislature.

Caption from analyzed text · version I.

Summary

Only written contacts go in the case record. The official need not step aside.

The bill lets the governor, the lieutenant governor, and any state legislator contact TCEQ officials or staff about any matter pending before the agency, 'notwithstanding any other law,' and says the official who gets the contact does not have to step aside from the case. TCEQ staff must accept these contacts, must put written ones into the case record, and must give the parties in the case a chance to respond. A lawmaker may not use this channel on a matter affecting a business in which the lawmaker or a close relative has a substantial interest, and the rule starts September 1, 2025.

Labels

Labels: GOT HALFWAY. Passed the Senate on May 23, 2025. Died in the House: never got out of the Environmental Regulation committee.

Receipt

The receipt

89R-SB3074 · 2025-05-20

SOLD BY

Sen. Brian BirdwellRSenate 22

ITEM

relating to communications between the Texas Commission on Environmental Quality and the governor, the lieutenant governor, or a member of the legislature.

WHAT IT DOES

Only written contacts go in the case record. The official need not step aside.

The bill lets the governor, the lieutenant governor, and any state legislator contact TCEQ officials or staff about any matter pending before the agency, 'notwithstanding any other law,' and says the official who gets the contact does not have to step aside from the case. TCEQ staff must accept these contacts, must put written ones into the case record, and must give the parties in the case a chance to respond. A lawmaker may not use this channel on a matter affecting a business in which the lawmaker or a close relative has a substantial interest, and the rule starts September 1, 2025.

CHARGES

[x] THE HOLEanalysis confidence 45%

THE TEXT

“If the commission receives written communication described by Subsection (b), the commission shall include in the record of the matter before the commission a copy of the written communication.”

Bill text, introduced version (I)

The only record safeguard covers written contacts, so a phone call or meeting with a commissioner about a pending case never has to appear in the record. That weakens the parties' promised chance to respond.

TOTAL

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · May 22, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

May 20, 2025Received by the Secretary of the Senate
May 20, 2025Permission to introduce
May 20, 2025Read first time
May 20, 2025Referred to Natural Resources
May 20, 2025Posting rule suspended
May 21, 2025Scheduled for public hearing on . . .
May 21, 2025Considered in public hearing
May 21, 2025Left pending in committee
May 21, 2025Considered in public hearing
May 21, 2025Vote taken in committee
May 22, 2025Reported favorably as substituted
May 22, 2025Committee report printed and distributed
May 23, 2025Placed on intent calendar
May 23, 2025Rules suspended-Regular order of business
May 23, 2025Record vote
May 23, 2025Read 2nd time
May 23, 2025Amendment(s) offered FA1 Birdwell
May 23, 2025Amended
May 23, 2025Vote recorded in Journal
May 23, 2025Passed to engrossment as amended
May 23, 2025Record vote
May 23, 2025Three day rule suspended
May 23, 2025Record vote
May 23, 2025Read 3rd time
May 23, 2025Passed
May 23, 2025Record vote
May 23, 2025Reported engrossed
May 24, 2025Received from the Senate
May 25, 2025Read first time
May 25, 2025Referred to Environmental Regulation

FILED UNDER

No verified beat found.

SIGNED FOR BY

Senate · 27 yea · 4 nay

Sources

Senate: Final passage · May 23, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000

Good Government Fund Fort Worth TX$10,000

Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes4

Senate May 23, 2025

Yea: 27
Nay: 4
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 27, Nays 4. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 27 (published)
Nay: 4 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 23, 2025

Yea: 27
Nay: 4
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 3074 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 4.

Published stock of positions for this vote, except where marked derived.

Yea: 27 (published)
Nay: 4 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 23, 2025

Yea: 27
Nay: 4
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

CSSB 3074 as amended was passed to engrossment by the following vote: Yeas 27, Nays 4.

Published stock of positions for this vote, except where marked derived.

Yea: 27 (published)
Nay: 4 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 23, 2025

Yea: 27
Nay: 4
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Birdwell moved to suspend the regular order of business to take up for consideration CSSB 3074 at this time on its second reading: CSSB 3074, Relating to communications between the Texas Commission on Environmental Quality and the governor, the lieutenant governor, or a member of the legislature. The motion prevailed by the following vote: Yeas 27, Nays 4.

Published stock of positions for this vote, except where marked derived.

Yea: 27 (published)
Nay: 4 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses1

For: 0
Against: 0
On: 1

Names

On

Texas Commission on Environmental Quality1 registration

Sources

1 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · May 22, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed May 20, 2025

05/25/2025 H Referred to Environmental Regulation: May 25 2025 2:11PM

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed

Data snapshot Nov 1, 2026 at 2:15 PM CST. Grades, charges, quotes and corrections follow the published record.

House committee · Environmental Regulation · Final status: Died in committee

Senate committee · Natural Resources · Committee vote 8 aye, 1 nay · Out of committee

Subjects

Environment--General

Governor

Legislature

LIEUTENANT GOVERNOR

ENVIRONMENTAL QUALITY, TEXAS COMMISSION ON

Text

The text as introduced · 289 words

89R30949 KRM-D

By: Birdwell
S.B. No. 3074

A BILL TO BE ENTITLED

AN ACT

relating to communications between the Texas Commission on

Environmental Quality and the governor, the lieutenant governor, or

a member of the legislature.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 5, Water Code, is amended

by adding Section 5.180 to read as follows:

Sec. 5.180. COMMUNICATIONS WITH CERTAIN GOVERNMENT

OFFICIALS. (a) In this section, "communicate" means a statement,

correspondence, or any other form of oral, written, or electronic

communication.

(b) Notwithstanding any other law, the governor, the

lieutenant governor, or a member of the legislature may communicate

with a commission official or employee concerning any matter before

the commission. A commission official or employee who receives a

communication under this section is not required to be recused from

the matter discussed in the communication.

(c) The commission official or employee shall receive a

communication described by Subsection (b).

(d) If the commission receives written communication

described by Subsection (b), the commission shall include in the

record of the matter before the commission a copy of the written

communication.

(e) If the commission receives a communication described by

Subsection (b), the commission shall provide for any party subject

to the matter discussed in the communication an opportunity to

respond to the communication.

(f) An individual may not communicate with a commission

official or employee under Subsection (b) concerning a matter that

affects a business entity in which the individual has a substantial

interest or in which a person related to the individual within the

first degree of consanguinity has a substantial interest, as

determined by Section 572.005, Government Code.

SECTION 2. This Act takes effect September 1, 2025.

Verdict: Smells

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Senate May 23, 2025

Senate May 23, 2025

Senate May 23, 2025

Senate May 23, 2025

On