82R8878 JAM-F
By: Weber H.B. No. 1995
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses involving
environmental quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.189, Water Code, is amended to read as
follows:
Sec. 7.189. VENUE. Venue for prosecution of an alleged
violation under this subchapter is in:
(1) the county in which the violation is alleged to
have occurred;
(2) the county where the defendant resides; or
(3) if the alleged violation involves the
transportation of a discharge, waste, or pollutant, any county to
which or through which the discharge, waste, or pollutant was
transported[; or
[(4) Travis County].
SECTION 2. Section 7.190, Water Code, is amended to read as
follows:
Sec. 7.190. DISPOSITION OF FINES. A fine recovered through
a prosecution brought under this subchapter shall be divided
[equally] between the state and any local government significantly
involved in prosecuting the case, with the state receiving 90
percent and the remaining 10 percent divided equally between any
local governments significantly involved in prosecuting the case,
except that if the court determines that a [the state or the] local
government bore significantly more of the burden of prosecuting the
case, the court may apportion up to 25 [75] percent of the fine to
the local government that predominantly prosecuted the case.
SECTION 3. The change in law made by this Act applies to the
prosecution of an offense committed on or after the effective date
of this Act. The prosecution of, and the disposition of any fine
that is imposed from the prosecution of, an offense committed
before the effective date of this Act is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense is committed before the effective date of this Act if any
element of the offense occurs before that date.
SECTION 4. This Act takes effect September 1, 2011.