Texas 2019 - 86th Regular

Texas House Bill HB3035 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10657 MP-D
2	2	By: Zwiener H.B. No. 3035
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the relationship between the amount of an
8	8	administrative penalty imposed by the Texas Commission on
9	9	Environmental Quality and the economic benefit of the violation to
10	10	the alleged violator.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7.053, Water Code, is amended to read as
13	13	follows:
14	14	Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF
15	15	PENALTY AMOUNT. (a) In determining the amount of an administrative
16	16	penalty, the commission shall consider:
17	17	(1) the nature, circumstances, extent, duration, and
18	18	gravity of the prohibited act, with special emphasis on the
19	19	impairment of existing water rights or the hazard or potential
20	20	hazard created to the health or safety of the public;
21	21	(2) the impact of the violation on:
22	22	(A) air quality in the region;
23	23	(B) a receiving stream or underground water
24	24	reservoir;
25	25	(C) instream uses, water quality, aquatic and
26	26	wildlife habitat, or beneficial freshwater inflows to bays and
27	27	estuaries; or
28	28	(D) affected persons;
29	29	(3) with respect to the alleged violator:
30	30	(A) the history and extent of previous
31	31	violations;
32	32	(B) the degree of culpability, including whether
33	33	the violation was attributable to mechanical or electrical failures
34	34	and whether the violation could have been reasonably anticipated
35	35	and avoided;
36	36	(C) the demonstrated good faith, including
37	37	actions taken by the alleged violator to rectify the cause of the
38	38	violation and to compensate affected persons;
39	39	(D) the economic benefit gained through the
40	40	violation; and
41	41	(E) the amount necessary to deter future
42	42	violations; and
43	43	(4) any other matters that justice may require.
44	44	(b) Except as otherwise provided by Subsections (c) and (d)
45	45	and notwithstanding Subsection (a), in determining the amount of an
46	46	administrative penalty, the commission shall, to the extent
47	47	practicable, ensure that the amount of the penalty is at least equal
48	48	to the value of any economic benefit gained by the alleged violator
49	49	through the violation.
50	50	(c) In determining the economic benefit of noncompliance,
51	51	the commission shall provide the alleged violator, on the
52	52	violator's request, an opportunity to:
53	53	(1) review the information on which the economic
54	54	benefit calculation is based; and
55	55	(2) demonstrate that the calculation does not reflect
56	56	the actual circumstances.
57	57	(d) A determination under Subsection (b) may not result in
58	58	the imposition of an administrative penalty in an amount that
59	59	exceeds a limitation on the amount of the penalty provided by
60	60	statute, including the maximum amount provided by Section 7.052.
61	61	(e) The commission shall allow a governmental entity or
62	62	nonprofit organization to defer payment on any portion of the
63	63	penalty attributable to the consideration of economic benefit on
64	64	the condition that the entity or organization complies with the
65	65	schedule and terms of the enforcement order associated with the
66	66	violation for which the penalty is imposed.
67	67	SECTION 2. Sections 7.053(b), (c), (d), and (e), Water
68	68	Code, as added by this Act, apply only to a violation that occurs on
69	69	or after the effective date of this Act. For purposes of this
70	70	section, a violation occurs before the effective date of this Act if
71	71	any element of the violation occurs before that date.
72	72	SECTION 3. This Act takes effect September 1, 2019.