86R4890 MP-F
By: Huberty H.B. No. 908
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of aggregate production operation by the
Texas Commission on Environmental Quality; increasing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.052, Water Code, is amended by adding
Subsection (b-5) to read as follows:
(b-5) The amount of the penalty against a facility operator
for operating an aggregate production operation, as defined by
Section 28A.001, in violation of a permit issued by the commission
under Section 26.027 or 26.040 of this code or under Section
382.051, Health and Safety Code, may not exceed $50,000 a day for
each day a violation continues.
SECTION 2. Section 7.069, Water Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), a penalty collected under this subchapter shall be deposited
to the credit of the general revenue fund.
(c) A penalty collected under Section 7.052(b-5) shall be
paid to the commission and deposited to the credit of the water
resources management account and that money may be used only to
implement Chapter 28A.
SECTION 3. Section 28A.053(a), Water Code, is amended to
read as follows:
(a) The commission shall inspect each active aggregate
production operation in this state for compliance with applicable
environmental laws and rules under the jurisdiction of the
commission at least once every two [three] years.
SECTION 4. (a) The change in law made by this Act to Section
7.052, Water Code, applies only to a violation that occurs on or
after the effective date of this Act. For purposes of this section,
a violation occurs before the effective date of this Act if any
element of the violation occurs before that date.
(b) A violation that occurs before the effective date of
this Act is governed by the law in effect on the date of the
violation, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2019.