By: Geren H.B. No. 1760
A BILL TO BE ENTITLED
AN ACT
relating to maximum penalties for certain environmental
violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 7, Water Code, is amended
by adding Sections 7.359, 7.360, 7.361, 7.362, and 7.363 to read as
follows:
Sec. 7.359. MAXIMUM PENALTY. (a) In a suit brought under
this subchapter, if the local government proves that a person
knowingly or intentionally committed a violation, the person shall
be assessed for each violation a civil penalty not less than $50 nor
greater than $25,000 for each day of each violation, up to a maximum
of 120 days, as the court or jury considers proper.
(b) In a suit brought under this subchapter, if a person is
found to have committed a violation and that violation is a
continuing violation that exceeds the 120-day duration, the person
may be assessed for each violation an additional civil penalty not
less than $50 nor greater than $1,000 for each day of each violation
beyond the 120-day period, as the court or jury considers proper.
(c) The amount of civil penalties assessed under this
section is subject to the limitations prescribed by Section 7.361.
Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT
OF PENALTY. When determining the amount of a civil penalty to be
assessed in a suit brought under this subchapter, the court or jury
shall consider the factors in section 7.053.
Sec. 7.361. LIMITATION ON CIVIL PENALTIES. (a) In a suit
brought under this subchapter, a complaining party may recover
civil penalties from a person for continuing daily violations at a
single site in an amount not to exceed the product of:
(1) the maximum penalty calculated under section 7.359
for each day of each violation; and
(2) $1,460.
(b) Notwithstanding Subsection (a), the complaining party
may not recover civil penalties for the time period from the date on
which a person initiates written notification and performs any
necessary assessment or remediation under a program administered by
the commission.
Sec. 7.362. LIMITATIONS. A suit for civil penalties under
this subchapter must be brought not later than five years from the
earlier of:
(1) the date a person initiates written notification
to the commission and otherwise complies with the requirements of
Section 7.361(b); or
(2) the date the person received a notice of
enforcement from the commission with respect to the alleged
violation.
Sec. 7.363. INJUNCTIVE RELIEF NOT AFFECTED. Nothing in
this subchapter shall be construed to limit a suit for injunctive
relief brought under section 7.351.
SECTION 2. 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.