82R7651 SLB-D
By: Miles H.B. No. 2668
A BILL TO BE ENTITLED
AN ACT
relating to administrative penalties imposed by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.052(a) and (c), Water Code, are
amended to read as follows:
(a) The amount of the penalty for a violation of Chapter 37
of this code, Chapter 366, 371, or 372, Health and Safety Code, or
Chapter 1903, Occupations Code, may not be less than $50 or greater
than $5,000 [exceed $2,500] a day for each violation.
(c) The amount of the penalty for all other violations
within the jurisdiction of the commission to enforce may not be less
than $50 or greater than $25,000 [exceed $10,000] a day for each
violation.
SECTION 2. Section 13.4151(a), Water Code, is amended to
read as follows:
(a) If a person, affiliated interest, or entity subject to
the jurisdiction of the commission violates this chapter or a rule
or order adopted under this chapter, the commission may assess a
penalty against that person, affiliated interest, or entity as
provided by this section. The penalty may be in an amount not less
than $100 or greater than $5,000 [to exceed $500] a day. Each day a
violation continues may be considered a separate violation.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
covered by the law in effect at the time the violation occurred, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.