By: Geren, Harless, Burkett, Longoria, H.B. No. 1794
Murphy, et al.
A BILL TO BE ENTITLED
AN ACT
relating to suits brought by local governments for violations of
certain laws under the jurisdiction of, or rules adopted or orders
or permits issued by, the Texas Commission on Environmental
Quality; affecting civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.107, Water Code, is amended to read as
follows:
Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit
brought for a violation of Chapter 28 of this code or of Chapter
401, Health and Safety Code, a civil penalty recovered in a suit
brought under this subchapter by a local government shall be
[equally] divided as follows [between]:
(1) the first $4.3 million of the amount recovered
shall be divided equally between:
(A) the state; and
(B) [(2)] the local government that brought the
suit; and
(2) any amount recovered in excess of $4.3 million
shall be awarded to the state.
SECTION 2. Subchapter H, Chapter 7, Water Code, is amended
by adding Sections 7.359, 7.360, and 7.361 to read as follows:
Sec. 7.359. LIMITATION ON CIVIL PENALTY. (a) Except as
provided by Subsection (b), in a suit brought by a local government
under this subchapter, a person may be assessed a civil penalty of
not less than $50 and not more than $25,000 for each day of each
violation, provided that the amount assessed may not exceed $4.3
million.
(b) This section does not limit the state's authority to
pursue the assessment of a civil penalty under this chapter.
Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT
OF CIVIL PENALTY. In determining the amount of a civil penalty to
be assessed in a suit brought by a local government under this
subchapter, the trier of fact shall consider the factors described
by Section 7.053.
Sec. 7.361. LIMITATIONS. A suit for a civil penalty that is
brought by a local government under this subchapter must be brought
not later than the fifth anniversary of the earlier of the date the
person who committed the violation:
(1) notifies the commission in writing of the
violation; or
(2) receives a notice of enforcement from the
commission with respect to the alleged violation.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.