| 1 | 1 | | 86R6459 SRA-D |
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| 2 | 2 | | By: Wray H.B. No. 1267 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil and administrative penalties assessed or imposed |
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| 8 | 8 | | for violations of laws protecting drinking water, public water |
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| 9 | 9 | | supplies, and bodies of water. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 341.048(b), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) A person who causes, suffers, allows, or permits a |
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| 14 | 14 | | violation under this subchapter shall be assessed a civil penalty |
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| 15 | 15 | | of not less than $50 and not [nor] more than $5,000 [$1,000] for |
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| 16 | 16 | | each violation. Each day of a continuing violation is a separate |
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| 17 | 17 | | violation. |
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| 18 | 18 | | SECTION 2. Section 341.049(a), Health and Safety Code, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | (a) If a person causes, suffers, allows, or permits a |
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| 21 | 21 | | violation of this subchapter or a rule or order adopted under this |
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| 22 | 22 | | subchapter, the commission may assess a penalty against that person |
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| 23 | 23 | | as provided by this section. The penalty shall not be less than $50 |
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| 24 | 24 | | and not [nor] more than $5,000 [$1,000] for each violation. Each |
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| 25 | 25 | | day of a continuing violation may be considered a separate |
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| 26 | 26 | | violation. |
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| 27 | 27 | | SECTION 3. (a) Section 341.048(b), Health and Safety Code, |
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| 28 | 28 | | as amended by this Act, applies to an action brought on or after the |
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| 29 | 29 | | effective date of this Act, regardless of whether the violation |
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| 30 | 30 | | giving rise to that action occurred on, before, or after that date. |
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| 31 | 31 | | (b) Section 341.049(a), Health and Safety Code, as amended |
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| 32 | 32 | | by this Act, applies only to a violation that occurs on or after the |
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| 33 | 33 | | effective date of this Act. A violation that occurs before the |
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| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
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| 35 | 35 | | date the violation was committed, and the former law is continued in |
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| 36 | 36 | | effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2019. |
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