87R1780 MP-F
By: Miles S.B. No. 364
A BILL TO BE ENTITLED
AN ACT
relating to affirmative defenses for a Texas Commission on
Environmental Quality enforcement action for unauthorized emission
or opacity events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 382.0216(f) and (h); and
(2) Sections 382.051962(c) and (d).
SECTION 2. The changes in law made by this Act apply only to
an enforcement action initiated by the Texas Commission on
Environmental Quality on or after the effective date of this Act. An
enforcement action initiated before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.