| 1 | 1 | | 81R2902 JAM-D |
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| 2 | 2 | | By: Gallegos S.B. No. 457 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to penalty assessment for violations of the Texas Clean |
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| 8 | 8 | | Air Act committed by major sources. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 7.052(c), Water Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (c) Except as provided by Section 7.0526, the [The] amount |
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| 13 | 13 | | of the penalty for all other violations within the jurisdiction of |
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| 14 | 14 | | the commission to enforce may not exceed $10,000 a day for each |
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| 15 | 15 | | violation. |
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| 16 | 16 | | SECTION 2. Subchapter C, Chapter 7, Water Code, is amended |
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| 17 | 17 | | by adding Section 7.0526 to read as follows: |
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| 18 | 18 | | Sec. 7.0526. PENALTIES FOR CERTAIN VIOLATIONS OF CLEAN AIR |
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| 19 | 19 | | ACT. (a) In this section, "major source" has the meaning assigned |
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| 20 | 20 | | by Section 501 of the federal Clean Air Act (42 U.S.C. Section |
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| 21 | 21 | | 7661). |
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| 22 | 22 | | (b) For a violation of Chapter 382, Health and Safety Code, |
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| 23 | 23 | | committed by a major source that is required to obtain a permit |
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| 24 | 24 | | under that chapter, the commission shall assess a penalty in an |
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| 25 | 25 | | amount that is equal to or more than the total of: |
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| 26 | 26 | | (1) the economic benefit gained through the violation, |
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| 27 | 27 | | including any costs avoided due to the violation; and |
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| 28 | 28 | | (2) the amount necessary to deter future violations. |
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| 29 | 29 | | (c) For purposes of assessing a penalty for a violation of |
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| 30 | 30 | | Chapter 382, Health and Safety Code, against a major source that is |
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| 31 | 31 | | required to obtain a permit under that chapter, each day that a |
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| 32 | 32 | | continuing violation occurs is a separate violation. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to a violation of Chapter 382, Health and Safety Code, that occurs |
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| 35 | 35 | | on or after the effective date of this Act. A violation of Chapter |
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| 36 | 36 | | 382, Health and Safety Code, that occurs before the effective date |
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| 37 | 37 | | of this Act is governed by the law in effect when the violation |
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| 38 | 38 | | occurred, and the former law is continued in effect for that |
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| 39 | 39 | | purpose. For purposes of this section, a violation occurs before |
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| 40 | 40 | | the effective date of this Act if any element of the violation |
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| 41 | 41 | | occurs before that date. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2009. |
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