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