86R6459 SRA-D
By: Wray H.B. No. 1267
A BILL TO BE ENTITLED
AN ACT
relating to civil and administrative penalties assessed or imposed
for violations of laws protecting drinking water, public water
supplies, and bodies of water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.048(b), Health and Safety Code, is
amended to read as follows:
(b) A person who causes, suffers, allows, or permits a
violation under this subchapter shall be assessed a civil penalty
of not less than $50 and not [nor] more than $5,000 [$1,000] for
each violation. Each day of a continuing violation is a separate
violation.
SECTION 2. Section 341.049(a), Health and Safety Code, is
amended to read as follows:
(a) If a person causes, suffers, allows, or permits a
violation of this subchapter or a rule or order adopted under this
subchapter, the commission may assess a penalty against that person
as provided by this section. The penalty shall not be less than $50
and not [nor] more than $5,000 [$1,000] for each violation. Each
day of a continuing violation may be considered a separate
violation.
SECTION 3. (a) Section 341.048(b), Health and Safety Code,
as amended by this Act, applies to an action brought on or after the
effective date of this Act, regardless of whether the violation
giving rise to that action occurred on, before, or after that date.
(b) Section 341.049(a), Health and Safety Code, as amended
by this Act, applies 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 was committed, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.