Texas House Bill HB1330

Texas 2019 - 86th Regular

Caption

Relating to the factors to be considered in determining the amount of an administrative penalty assessed by the Texas Commission on Environmental Quality.

Impact

The modifications proposed in HB1330 are significant as they establish clearer parameters for TCEQ in evaluating penalties against those who violate environmental regulations. Specifically, by incorporating aspects like the impact on water rights, public health, and local ecosystems into the penalty assessment protocol, the bill aims to provide a more balanced approach that reflects both the severity of the violations and their broader implications on environmental health.

Summary

House Bill 1330 aims to amend the Water Code concerning the Texas Commission on Environmental Quality's (TCEQ) process for determining administrative penalties. The bill focuses on enhancing the criteria TCEQ must consider when assessing penalties for environmental violations. It emphasizes several factors, such as the severity and impact of the violation, the violator's history, and efforts taken to remedy the situation. By specifying these elements, the bill seeks to ensure a more comprehensive and fair evaluation of each case when penalties are imposed.

Contention

Debate surrounding HB1330 may arise from discussions on the appropriateness of its criteria and the potential implications for businesses and individuals subject to these penalties. Proponents of the bill argue that clearer guidelines may lead to equitable enforcement practices, while opponents might express concerns that this could either lead to overly lenient penalties or, conversely, unreasonably harsh evaluations if the circumstances of the violations are not adequately considered.