87R1779 JRR-D
By: Miles S.B. No. 366
A BILL TO BE ENTITLED
AN ACT
relating to the minimum amount of an administrative penalty
assessed by the Texas Commission on Environmental Quality for a
violation of certain laws under the jurisdiction of, or rules
adopted or orders or permits issued by, the commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 7, Water Code, is amended
by adding Section 7.0521 to read as follows:
Sec. 7.0521. MINIMUM PENALTY. (a) Except as provided by
Subsection (b), the amount of an administrative penalty assessed
under this subchapter may not be less than $250 a day for each
violation.
(b) This section does not apply to an administrative penalty
assessed against a facility operator who violates Chapter 506 or
507, Health and Safety Code, or a rule adopted or order issued under
those chapters.
SECTION 2. The change in law made by this Act applies only
to the assessment of an administrative penalty for a violation that
occurs on or after the effective date of this Act. The assessment
of an administrative penalty for a violation that occurred before
the effective date of this Act is governed by the law in effect on
the date the violation occurred, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.