Texas 2009 - 81st Regular

Texas House Bill HB826 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4979 JTS-D
2	2	By: Gattis H.B. No. 826
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the relationship between the amount of an
8	8	administrative penalty imposed by the Texas Commission on
9	9	Environmental Quality and the economic benefit of the violation to
10	10	the alleged violator.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7.053, Water Code, is amended to read as
13	13	follows:
14	14	Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF
15	15	PENALTY AMOUNT. (a) In determining the amount of an
16	16	administrative penalty, the commission shall consider:
17	17	(1) the nature, circumstances, extent, duration, and
18	18	gravity of the prohibited act, with special emphasis on the
19	19	impairment of existing water rights or the hazard or potential
20	20	hazard created to the health or safety of the public;
21	21	(2) the impact of the violation on:
22	22	(A) air quality in the region;
23	23	(B) a receiving stream or underground water
24	24	reservoir;
25	25	(C) instream uses, water quality, aquatic and
26	26	wildlife habitat, or beneficial freshwater inflows to bays and
27	27	estuaries; or
28	28	(D) affected persons;
29	29	(3) with respect to the alleged violator:
30	30	(A) the history and extent of previous
31	31	violations;
32	32	(B) the degree of culpability, including whether
33	33	the violation was attributable to mechanical or electrical failures
34	34	and whether the violation could have been reasonably anticipated
35	35	and avoided;
36	36	(C) the demonstrated good faith, including
37	37	actions taken by the alleged violator to rectify the cause of the
38	38	violation and to compensate affected persons;
39	39	(D) the economic benefit gained through the
40	40	violation; and
41	41	(E) the amount necessary to deter future
42	42	violations; and
43	43	(4) any other matters that justice may require.
44	44	(b) Except as otherwise provided by Subsections (c) and (d)
45	45	and notwithstanding Subsection (a), in determining the amount of an
46	46	administrative penalty, the commission shall, to the extent
47	47	practicable, ensure that the amount of the penalty is at least equal
48	48	to the value of any economic benefit gained by the alleged violator
49	49	through the violation.
50	50	(c) In determining the economic benefit of noncompliance,
51	51	the commission shall provide the alleged violator, on the
52	52	violator's request, an opportunity to:
53	53	(1) review the information on which the economic
54	54	benefit calculation is based; and
55	55	(2) demonstrate that the calculation does not reflect
56	56	the actual circumstances.
57	57	(d) The consideration of an economic benefit as provided by
58	58	Subsection (b) may not result in the imposition of an
59	59	administrative penalty in an amount that exceeds a limitation on
60	60	the amount of the penalty provided by statute, including the
61	61	maximum amount provided by Section 7.052.
62	62	(e) The commission shall allow a governmental entity or
63	63	nonprofit organization to defer payment on any portion of the
64	64	penalty attributable to the consideration of economic benefit on
65	65	the condition that the entity or organization complies with the
66	66	schedule and terms of the enforcement order associated with the
67	67	violation for which the penalty is imposed.
68	68	SECTION 2. (a) The change in law made by this Act applies
69	69	only to a violation that occurs on or after the effective date of
70	70	this Act. For purposes of this section, a violation occurs before
71	71	the effective date of this Act if any element of the violation
72	72	occurs before that date.
73	73	(b) A violation that occurs before the effective date of
74	74	this Act is covered by the law in effect on the date the violation
75	75	occurred, and the former law is continued in effect for that
76	76	purpose.
77	77	SECTION 3. This Act takes effect September 1, 2009.