Texas 2015 - 84th Regular

Texas House Bill HB3264 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Guillen (Senate Sponsor - Hinojosa) H.B. No. 3264
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 7, 2015, read first time and referred to Committee on
4		-	Agriculture, Water, and Rural Affairs; May 19, 2015, reported
5		-	favorably by the following vote: Yeas 6, Nays 0; May 19, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 3264
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the enforcement of permit requirements for the
12	6		operation of a domestic wastewater treatment facility.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter L, Chapter 5, Water Code, is amended
15	9		by adding Section 5.5146 to read as follows:
16	10		Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF
17	11		CERTAIN TREATMENT FACILITIES WITHOUT PERMIT. The commission may
18	12		issue an emergency order under this subchapter suspending
19	13		operations of a treatment facility that:
20	14		(1) handles waste and wastewater from humans or
21	15		household operations;
22	16		(2) is required to obtain a permit from the
23	17		commission; and
24	18		(3) is operating without the required permit.
25	19		SECTION 2. Subchapter B, Chapter 7, Water Code, is amended
26	20		by adding Section 7.035 to read as follows:
27	21		Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN
28	22		TREATMENT FACILITIES. (a) Except as provided by Subsection (b), if
29	23		the commission determines that a treatment facility that handles
30	24		waste and wastewater from humans or household operations is
31	25		operating without a permit required by the commission, the
32	26		commission shall:
33	27		(1) issue an order:
34	28		(A) enjoining further operation of the facility
35	29		until the commission issues the required permit; and
36	30		(B) imposing an administrative penalty under
37	31		this chapter; or
38	32		(2) institute a civil action under Subchapter D to:
39	33		(A) enjoin further operation of the facility
40	34		until the commission issues the required permit; and
41	35		(B) impose a civil penalty.
42	36		(b) If the commission determines there is no feasible
43	37		alternative treatment or disposal option for the wastewater being
44	38		sent to the treatment facility, including the option of hauling the
45	39		wastewater to a permitted facility, the commission is not required
46	40		to enjoin the operation of the facility under Subsection (a) and may
47	41		impose other applicable penalties under this chapter.
48	42		SECTION 3. The changes in law made by this Act apply only to
49	43		a violation that occurs on or after the effective date of this Act.
50	44		A violation that occurs before the effective date of this Act is
51	45		governed by the law in effect on the date the violation occurred,
52	46		and the former law is continued in effect for that purpose.
53	47		SECTION 4. This Act takes effect immediately if it receives
54	48		a vote of two-thirds of all the members elected to each house, as
55	49		provided by Section 39, Article III, Texas Constitution. If this
56	50		Act does not receive the vote necessary for immediate effect, this
57	51		Act takes effect September 1, 2015.
58		-	* * * * *
	52	+	______________________________ ______________________________
	53	+	President of the Senate Speaker of the House
	54	+	I certify that H.B. No. 3264 was passed by the House on May 5,
	55	+	2015, by the following vote: Yeas 142, Nays 3, 2 present, not
	56	+	voting.
	57	+	______________________________
	58	+	Chief Clerk of the House
	59	+	I certify that H.B. No. 3264 was passed by the Senate on May
	60	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	61	+	______________________________
	62	+	Secretary of the Senate
	63	+	APPROVED: _____________________
	64	+	Date
	65	+	_____________________
	66	+	Governor