LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 3, 2009 TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB826 by Gattis (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.), As Introduced No significant fiscal implication to the State is anticipated. The bill would require the Texas Commission on Environmental Quality (TCEQ) to, when determing the amount of an administrative penalty, ensure that the penalty is at least equal to the value of the economic benefit gained by the alleged violator. The bill would provide that such economic benefit enhancement could not result in the imposition of a penalty that exceeds the statutory maximum. The bill also would allow a governmental entity or nonprofit organization to defer payment of any portion of the penalty attributable to economic benefit on condition that the entity or organization comply with the schedule and terms of the enforcement order. Additional workload to the TCEQ in determining and assessing economic penalties is expected to be absorbed within the agency's existing budget. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:582 Commission on Environmental Quality LBB Staff: JOB, WK, TL
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 3, 2009
TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB826 by Gattis (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.), As Introduced
TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB826 by Gattis (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.), As Introduced
Honorable Byron Cook, Chair, House Committee on Environmental Regulation
Honorable Byron Cook, Chair, House Committee on Environmental Regulation
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB826 by Gattis (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.), As Introduced
HB826 by Gattis (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.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would require the Texas Commission on Environmental Quality (TCEQ) to, when determing the amount of an administrative penalty, ensure that the penalty is at least equal to the value of the economic benefit gained by the alleged violator. The bill would provide that such economic benefit enhancement could not result in the imposition of a penalty that exceeds the statutory maximum. The bill also would allow a governmental entity or nonprofit organization to defer payment of any portion of the penalty attributable to economic benefit on condition that the entity or organization comply with the schedule and terms of the enforcement order. Additional workload to the TCEQ in determining and assessing economic penalties is expected to be absorbed within the agency's existing budget.
The bill would require the Texas Commission on Environmental Quality (TCEQ) to, when determing the amount of an administrative penalty, ensure that the penalty is at least equal to the value of the economic benefit gained by the alleged violator. The bill would provide that such economic benefit enhancement could not result in the imposition of a penalty that exceeds the statutory maximum. The bill also would allow a governmental entity or nonprofit organization to defer payment of any portion of the penalty attributable to economic benefit on condition that the entity or organization comply with the schedule and terms of the enforcement order.
Additional workload to the TCEQ in determining and assessing economic penalties is expected to be absorbed within the agency's existing budget.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 582 Commission on Environmental Quality
582 Commission on Environmental Quality
LBB Staff: JOB, WK, TL
JOB, WK, TL