Governing Law and Regulations
Texas Environmental, Health, and Safety Audit Privilege Act (Audit Act), 71 Texas Revised Civil Statutes (TRCS) 4447cc-1 to 4447cc-13
Contents of the report: 71 TRCS 4447cc-4
Nonadmissible as evidence: 71 TRCS 4447cc-5
Exceptions: 71 TRCS 4447cc-6, 71 TRCS 4447cc-7, and 71 TRCS 4447cc-8
Government review of privileged information: 71 TRCS 4447cc-9
Voluntary disclosure and immunity:
Immunity: 71 TRCS 4447cc-10
Criteria for voluntary disclosure: 71 TRCS 4447cc-10
Texas Commission on Environmental Quality (TCEQ) Office of Legal Services Environmental Law Division
U.S. Environmental Protection Agency (EPA)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. The Texas Environmental, Health, and Safety Audit Privilege Act (Audit Act) protects facilities that voluntarily disclose environmental violations discovered during self-audits from civil or administrative penalties if the noncompliance is corrected within a reasonable time. The purpose of the Audit Act is to encourage voluntary compliance with environmental and occupational health and safety laws.
The state's audit law is similar to the U.S. Environmental Protection Agency's (EPA) voluntary environmental audit policy. See the national section AUDITS for information concerning voluntary disclosure under federal rules and policies.
• Administration and enforcement. The Environmental Law Division of the Texas Commission on Environmental Quality's Office of Legal Services is responsible for the administration and enforcement of the voluntary audit privilege and immunity laws in Texas.