| 1 | 1 | | 82R28915 SLB-F |
|---|
| 2 | 2 | | By: Fraser S.B. No. 1003 |
|---|
| 3 | 3 | | (Smith of Harris) |
|---|
| 4 | 4 | | Substitute the following for S.B. No. 1003: No. |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to penalties for, and emergency orders suspending, the |
|---|
| 10 | 10 | | operation of a rock crusher or certain concrete plants without a |
|---|
| 11 | 11 | | current permit under the Texas Clean Air Act. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 7.052, Water Code, is amended by |
|---|
| 14 | 14 | | amending Subsection (b) and adding Subsection (b-3) to read as |
|---|
| 15 | 15 | | follows: |
|---|
| 16 | 16 | | (b) Except as provided by Subsection (b-3), the [The] amount |
|---|
| 17 | 17 | | of the penalty for operating a rock crusher or a concrete plant that |
|---|
| 18 | 18 | | performs wet batching, dry batching, or central mixing, that is |
|---|
| 19 | 19 | | required to obtain a permit under Section 382.0518, Health and |
|---|
| 20 | 20 | | Safety Code, and that is operating without the required permit is |
|---|
| 21 | 21 | | $10,000. Each day that a continuing violation occurs is a separate |
|---|
| 22 | 22 | | violation. |
|---|
| 23 | 23 | | (b-3) If a person operating a facility as described by |
|---|
| 24 | 24 | | Subsection (b) holds any type of permit issued by the commission |
|---|
| 25 | 25 | | other than the permit required for the facility, the commission may |
|---|
| 26 | 26 | | assess a penalty under Subsection (b) or (c). |
|---|
| 27 | 27 | | SECTION 2. Section 5.5145, Water Code, is amended to read as |
|---|
| 28 | 28 | | follows: |
|---|
| 29 | 29 | | Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK |
|---|
| 30 | 30 | | CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may |
|---|
| 31 | 31 | | [shall] issue an emergency order under this subchapter suspending |
|---|
| 32 | 32 | | operations of a rock crusher or a concrete plant that performs wet |
|---|
| 33 | 33 | | batching, dry batching, or central mixing and is required to obtain |
|---|
| 34 | 34 | | a permit under Section 382.0518, Health and Safety Code, and is |
|---|
| 35 | 35 | | operating without the necessary permit. |
|---|
| 36 | 36 | | SECTION 3. The change in law made by this Act to Section |
|---|
| 37 | 37 | | 7.052, Water Code, applies only to a violation that occurs on or |
|---|
| 38 | 38 | | after the effective date of this Act. A violation that occurs |
|---|
| 39 | 39 | | before the effective date of this Act is governed by the law in |
|---|
| 40 | 40 | | effect on the date the violation occurred, and the former law is |
|---|
| 41 | 41 | | continued in effect for that purpose. |
|---|
| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2011. |
|---|