Texas Senate Bill SB366

Texas 2021 - 87th Regular

Caption

Relating to the minimum amount of an administrative penalty assessed by the Texas Commission on Environmental Quality for a violation of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the commission.

Impact

The implementation of SB366 would directly impact the enforcement of environmental laws in Texas, as it mandates a minimum penalty that TCEQ must impose for non-compliance. By ensuring a set minimum fine, the legislation aims to enhance compliance by creating a clearer financial consequence for violations. This shift could potentially deter improper actions by operators and improve environmental protection efforts as penalties become more consistent and predictable, encouraging facilities to adhere to the established regulations more rigorously.

Summary

SB366 aims to establish a minimum administrative penalty for certain violations under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ). The bill specifies that the minimum penalty assessed cannot be less than $250 per day for each violation, thereby setting a financial baseline for the enforcement of environmental regulations. This intended change seeks to reinforce accountability among facility operators and establish a more standard approach to penalty assessments across various cases of environmental legislation violations.

Contention

While supporters of SB366 advocate that establishing a minimum penalty will strengthen enforcement capabilities and ensure that fines reflect the gravity of violations, there may be concerns among some stakeholders regarding the rigidity of the minimum penalty. Critics could argue that substantial fines might be burdensome for smaller operators or facilities, especially in instances where the violation may not warrant such significant financial repercussions. Thus, the conversation around SB366 may center on the balance between firm regulatory enforcement and the economic feasibility for smaller entities operating within Texas.

Notable_points

Overall, the proposal emphasizes a more proactive approach in addressing environmental violations, focusing on clear and enforceable penalties. The importance of this bill lies not only in its immediate financial implications, but also in contributing to the broader goal of improving environmental compliance statewide. The discussions surrounding SB366 will likely reflect varying opinions on regulatory impact versus economic challenges for businesses, igniting a broader debate on the intersection of environmental stewardship and operational feasibility.