Texas House Bill HB1760

Texas 2015 - 84th Regular

Caption

Relating to maximum penalties for certain environmental violations.

Impact

The bill represents a significant adjustment in how environmental violations are penalized under Texas law. By clearly defining penalties in the context of environmental infractions, HB1760 aims to deter potential violators and reinforce compliance with environmental regulations. Local governments are empowered to pursue civil suits against violators, providing them with a mechanism to hold individuals and entities accountable for environmental harm. This could potentially lead to more strict enforcement of existing environmental laws and may encourage better business practices relating to environmental stewardship.

Summary

House Bill 1760 seeks to amend the Texas Water Code by establishing maximum civil penalties for certain environmental violations. Specifically, the bill introduces a structured penalty framework where the base fines would range from $50 to $25,000 per day for each violation, capped at a duration of 120 days. It also specifies additional penalties for continuing violations, allowing for fines of up to $1,000 per day beyond the initial period. This structured approach aims to impose reasonable yet impactful penalties for those found in violation of environmental laws, aligning with the state’s commitment to environmental protection.

Contention

While HB1760 is aimed at enhancing environmental protection, discussions surrounding the bill may highlight concerns over the potential increase in litigation and the impact on local businesses. Critics could argue that the imposed penalties are too severe, particularly for small businesses that may inadvertently violate regulations. Furthermore, the imposition of daily fines could lead to significant financial burdens, raising questions about fairness and the ability of local governments to effectively implement and oversee such policies.