H.B. No. 1794
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 and 7.360 to read as follows:
Sec. 7.359. 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. 7.360. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1794 was passed by the House on April
28, 2015, by the following vote: Yeas 108, Nays 36, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1794 on May 22, 2015, by the following vote: Yeas 116, Nays 17,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1794 was passed by the Senate, with
amendments, on May 20, 2015, by the following vote: Yeas 24, Nays
6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor