Five days after calling for an investigation by the Texas attorney general, U.S. Congressman Michael Burgess said Wednesday that such an investigation could duplicate efforts of the current sunset review of the Texas Commission on Environmental Quality.

“I have determined that an investigation by the Texas attorney general’s office might not be the best course of action,” Burgess, R-Lewisville, said early Wednesday in a prepared statement.

Unchanged are his concerns about TCEQ’s credibility, which has suffered since an internal auditor found that TCEQ officials withheld findings about air quality studies in Fort Worth, according to a lengthy statement released by Burgess’ staff Wednesday afternoon.

In that statement, Burgess said the larger issue was that “officials waited weeks after finding out this data was suspect to come forward and correct their earlier statements.”

Democrat Neil Durrance, Burgess’ opponent in the District 26 race, said the problems at the agency are largely political and cannot be solved by another political body, such as the Texas Sunset Advisory Commission.

“Republican appointees are not going to change that,” Durrance said. “Fundamental change won’t come with the current political makeup of that department.”

The lieutenant governor and the speaker of the house appoint 12 people to the Sunset Commission, an independent state agency that reviews the policies and programs of state agencies every 12 years. TCEQ will receive a full critique and review during the Legislature’s next session in 2011.

Durrance reiterated his criticism that Burgess should be dealing with the Environmental Protection Agency, the federal agency “whose charge it is to protect people and the environment.”

Burgess defended his record in the prepared statement, pointing to his lengthy service on the House Energy and Commerce Committee, of which he is the ranking member. He said he has been monitoring urban drilling issues since he took office in 2003, engaging a senior adviser with the EPA. Either he or a member of his staff has attended every town hall forum on the topic that they were aware of.

Last month, the EPA took back a portion of the federal air permitting program delegated to TCEQ. Burgess, Gov. Rick Perry and many local officials have criticized that move.

In a prepared statement Tuesday, State Sen. Jane Nelson, R-Flower Mound, said she, too, expected the monitoring of air quality to be as accurate as possible, but “on the issue of EPA’s threatened takeover of Texas’ air permitting process, however, I absolutely oppose the federal government’s continued intrusion into states’ rights.”

Similarly, State Rep. Myra Crownover, R-Denton, said

in a prepared statement that Texas’ air quality has improved over the past 20 years and the takeover appeared to be politically motivated.

But the internal investigation into TCEQ was another matter.

“It appears that individuals at the TCEQ had a serious lapse in judgment, and those individuals should be held accountable for their actions,” Crownover said.

As part of the sunset review, TCEQ prepared its self-report in October, publishing it on its website. This December, the Sunset Commission will hear public testimony about the agency. Then, in advance of the 82nd Legislature, the commission will release its recommendations on TCEQ for the Legislature in January.

The Sunset Commission prefers to receive comments from the public before July 9, so that they may be fully considered. More information is available at www.sunset.state.tx.us.


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