Texas House Bill HB4025

Texas 2017 - 85th Regular

Caption

Relating to the relationship between the amount of an administrative penalty imposed by the Texas Commission on Environmental Quality and the economic benefit of the violation to the alleged violator.

Impact

This bill is significant as it amends Section 7.053 of the Water Code, which governs how TCEQ assesses penalties for environmental violations. By directing the commission to evaluate the economic benefits of noncompliance, HB4025 enhances the state's capacity to impose fines that are commensurate with the financial gains achieved by offending parties. This could lead to a more standardized application of penalties across various cases, ensuring that violators are not unduly rewarded for illegal activities. Such changes could foster a culture of compliance among businesses and individuals regarding environmental standards, potentially leading to improved environmental outcomes.

Summary

House Bill 4025 aims to adjust the criteria under which the Texas Commission on Environmental Quality (TCEQ) determines administrative penalties imposed for violations. The bill proposes that when calculating penalties, the TCEQ must take into account the economic benefits gained from the violations. This approach intends to ensure that penalties reflect the monetary advantages that violators may have experienced, thereby promoting a more equitable enforcement of environmental regulations. By emphasizing the economic aspect, the bill seeks to deter future violations by making it financially disadvantageous for entities to disregard environmental laws.

Contention

Despite its aims, HB4025 could spark debate concerning its implementation and fairness. Critics may argue that focusing solely on the economic benefits of violations could overshadow other critical factors, such as public health, environmental degradation, and community impacts. There is a concern that the bill might encourage entities to prioritize profit over responsible environmental stewardship, especially if the penalties are perceived as merely a cost of doing business. Moreover, questions may arise regarding the accuracy and transparency of calculating economic benefits, including whether all offenders will receive equitable treatment in determining penalties.