| 1 | 1 | | By: Hancock S.B. No. 1509 |
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| 2 | 2 | | (In the Senate - Filed March 12, 2015; March 23, 2015, read |
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| 3 | 3 | | first time and referred to Committee on Natural Resources and |
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| 4 | 4 | | Economic Development; April 30, 2015, reported adversely, with |
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| 5 | 5 | | favorable Committee Substitute by the following vote: Yeas 9, |
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| 6 | 6 | | Nays 0; April 30, 2015, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1509 By: Hancock |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to suits brought by local governments for violations of |
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| 14 | 14 | | certain laws under the jurisdiction of, or rules adopted or orders |
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| 15 | 15 | | or permits issued by, the Texas Commission on Environmental |
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| 16 | 16 | | Quality; affecting civil penalties. |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 18 | | SECTION 1. Subchapter H, Chapter 7, Water Code, is amended |
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| 19 | 19 | | by adding Sections 7.359, 7.360, and 7.361 to read as follows: |
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| 20 | 20 | | Sec. 7.359. LIMITATION ON CIVIL PENALTY. (a) In a suit |
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| 21 | 21 | | brought by a local government under this subchapter, a person may be |
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| 22 | 22 | | assessed a civil penalty of not less than $50 and not more than |
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| 23 | 23 | | $25,000 for each day of each violation, provided that the total |
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| 24 | 24 | | amount assessed may not exceed $4.3 million. |
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| 25 | 25 | | (b) This section does not limit the state's authority to |
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| 26 | 26 | | pursue the assessment of a civil penalty under this chapter. |
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| 27 | 27 | | Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
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| 28 | 28 | | OF CIVIL PENALTY. In determining the amount of a civil penalty to |
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| 29 | 29 | | be assessed in a suit brought by a local government under this |
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| 30 | 30 | | subchapter, the trier of fact shall consider the factors described |
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| 31 | 31 | | by Section 7.053. |
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| 32 | 32 | | Sec. 7.361. LIMITATIONS. A suit for a civil penalty that is |
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| 33 | 33 | | brought by a local government under this subchapter must be brought |
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| 34 | 34 | | not later than the fifth anniversary of the earlier of the date the |
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| 35 | 35 | | person who committed the violation: |
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| 36 | 36 | | (1) notifies the commission in writing of the |
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| 37 | 37 | | violation; or |
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| 38 | 38 | | (2) receives a notice of enforcement from the |
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| 39 | 39 | | commission with respect to the alleged violation. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | a violation that occurs on or after the effective date of this Act. |
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| 42 | 42 | | A violation that occurs before the effective date of this Act is |
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| 43 | 43 | | governed by the law in effect on the date the violation occurred, |
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| 44 | 44 | | and the former law is continued in effect for that purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 46 | 46 | | * * * * * |
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