Relating to the relationship between the amount of an administrative penalty imposed by the Texas Commission on Environmental Quality and the economic benefit of the violation to the alleged violator.
Impact
The bill amends Section 7.053 of the Water Code, which outlines factors to be considered in determining the amount of penalties. Specifically, it emphasizes that the economic benefit gained from the violation must be factored into the penalty amount. The intention is to align punitive measures with the level of financial gain from their wrongful conduct, thereby promoting a stronger incentive for compliance with environmental standards.
Summary
House Bill 826 addresses the relationship between the amount of administrative penalties imposed by the Texas Commission on Environmental Quality (TCEQ) and the economic benefits derived by violators from their actions. The bill aims to ensure that penalties are reflective of the financial gain that a violator may have obtained from noncompliance with environmental regulations. This change intends to deter future violations by making it financially disadvantageous for entities to violate environmental laws.
Contention
While supporters of HB 826 argue that it will hold violators accountable and reduce incidents of environmental degradation, critics contend that the changes might lead to excessive penalties that could burden small businesses and governmental entities. They raise concerns that penalties equal to the economic benefits could adversely affect operations, especially for those struggling to comply with stringent regulatory frameworks. Additionally, the bill includes provisions for the TCEQ to defer penalties for governmental entities or non-profit organizations if they meet specific compliance conditions, which could be seen as preferential treatment.
Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties.
Relating to authorizing a change in the amount of certain administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Texas Commission on Environmental Quality.
Relating to the disposition and use of the state's portion of civil penalties recovered in suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.