| 1 | 1 | | By: Geren H.B. No. 1760 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to maximum penalties for certain environmental |
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| 7 | 7 | | violations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter H, Chapter 7, Water Code, is amended |
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| 10 | 10 | | by adding Sections 7.359, 7.360, 7.361, 7.362, and 7.363 to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 7.359. MAXIMUM PENALTY. (a) In a suit brought under |
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| 13 | 13 | | this subchapter, if the local government proves that a person |
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| 14 | 14 | | knowingly or intentionally committed a violation, the person shall |
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| 15 | 15 | | be assessed for each violation a civil penalty not less than $50 nor |
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| 16 | 16 | | greater than $25,000 for each day of each violation, up to a maximum |
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| 17 | 17 | | of 120 days, as the court or jury considers proper. |
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| 18 | 18 | | (b) In a suit brought under this subchapter, if a person is |
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| 19 | 19 | | found to have committed a violation and that violation is a |
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| 20 | 20 | | continuing violation that exceeds the 120-day duration, the person |
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| 21 | 21 | | may be assessed for each violation an additional civil penalty not |
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| 22 | 22 | | less than $50 nor greater than $1,000 for each day of each violation |
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| 23 | 23 | | beyond the 120-day period, as the court or jury considers proper. |
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| 24 | 24 | | (c) The amount of civil penalties assessed under this |
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| 25 | 25 | | section is subject to the limitations prescribed by Section 7.361. |
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| 26 | 26 | | Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
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| 27 | 27 | | OF PENALTY. When determining the amount of a civil penalty to be |
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| 28 | 28 | | assessed in a suit brought under this subchapter, the court or jury |
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| 29 | 29 | | shall consider the factors in section 7.053. |
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| 30 | 30 | | Sec. 7.361. LIMITATION ON CIVIL PENALTIES. (a) In a suit |
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| 31 | 31 | | brought under this subchapter, a complaining party may recover |
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| 32 | 32 | | civil penalties from a person for continuing daily violations at a |
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| 33 | 33 | | single site in an amount not to exceed the product of: |
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| 34 | 34 | | (1) the maximum penalty calculated under section 7.359 |
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| 35 | 35 | | for each day of each violation; and |
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| 36 | 36 | | (2) $1,460. |
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| 37 | 37 | | (b) Notwithstanding Subsection (a), the complaining party |
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| 38 | 38 | | may not recover civil penalties for the time period from the date on |
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| 39 | 39 | | which a person initiates written notification and performs any |
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| 40 | 40 | | necessary assessment or remediation under a program administered by |
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| 41 | 41 | | the commission. |
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| 42 | 42 | | Sec. 7.362. LIMITATIONS. A suit for civil penalties under |
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| 43 | 43 | | this subchapter must be brought not later than five years from the |
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| 44 | 44 | | earlier of: |
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| 45 | 45 | | (1) the date a person initiates written notification |
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| 46 | 46 | | to the commission and otherwise complies with the requirements of |
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| 47 | 47 | | Section 7.361(b); or |
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| 48 | 48 | | (2) the date the person received a notice of |
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| 49 | 49 | | enforcement from the commission with respect to the alleged |
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| 50 | 50 | | violation. |
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| 51 | 51 | | Sec. 7.363. INJUNCTIVE RELIEF NOT AFFECTED. Nothing in |
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| 52 | 52 | | this subchapter shall be construed to limit a suit for injunctive |
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| 53 | 53 | | relief brought under section 7.351. |
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| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2015. |
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