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May 20, 2019

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Texas Audit Policy Act Guidance Updated

TCEQ has revised its Guide to the Texas Environmental, Health, and Safety Audit Privilege Act (the "Act") to reflect changes made during the 2013 Legislative Session. The changes from the 83rd Legislative Session were designed to enhance applicability of the Act in pre-acquisition contexts. Specifically, pre-acquisition audits are exempt from both the requirements for advanced notice and the six-month time-frame for completion. The Guide incorporates these legislative changes but notes that they are not otherwise expected to "significantly affect the way the TCEQ has been implementing the Audit Act since 1995." See Guide at 3. The new Guide provides model letters for pre-acquisition audits. Exhibit G. A copy of the new guidance is available at

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About this Author

Madeleine Boyer Kadas, Environmental Lawyer, Beveridge & Diamond Law Firm

Maddie Kadas brings over twenty years of experience advising multinational corporations on U.S. and international environmental matters. She founded the Firm’s Austin, TX office and served as its first Managing Shareholder.

Maddie represents clients on a variety of regulatory and enforcement matters under U.S. and Texas environmental laws, with a focus on air and waste issues affecting the chemical manufacturing and petroleum refining sectors. Fluent in Spanish, Maddie assists industrial sector clients on the full range of environmental, health...