84R1900 SLB-F
By: Springer H.B. No. 1269
A BILL TO BE ENTITLED
AN ACT
relating to supplemental environmental projects implemented by
certain local governments in lieu of administrative penalties
assessed by the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 7.067, Water Code, is
amended to read as follows:
Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN
GENERAL.
SECTION 2. Subchapter C, Chapter 7, Water Code, is amended
by adding Section 7.0671 to read as follows:
Sec. 7.0671. SUPPLEMENTAL ENVIRONMENTAL PROJECTS
IMPLEMENTED BY CERTAIN LOCAL GOVERNMENTS. (a) In this section,
"local government" and "supplemental environmental project" have
the meanings assigned by Section 7.067.
(b) Notwithstanding Section 7.067(a-1), the commission
shall approve a supplemental environmental project described by
that subsection in lieu of payment of an administrative penalty
under this subchapter if the respondent is:
(1) a county with a population of less than 50,000; or
(2) another local government any part of the territory
of which is located in a county described by Subdivision (1).
(c) If the cost of a supplemental environmental project
under this section is less than the amount of the penalty in lieu of
which the project is to be implemented, the respondent, in addition
to implementing the project, shall spend an amount equal to the
difference between the cost of the project and the amount of the
penalty in upgrading the facility at which the violation for which
the penalty was assessed occurred.
(d) A policy developed under Section 7.067(a-2) does not
apply to a respondent to which this section applies.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.