Texas House Bill HB2437

Texas 2023 - 88th Regular

• Filed: 2/16/23

Caption

Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties.

Impact

If enacted, HB2437 will significantly impact various sectors regulated by the TCEQ by modifying existing penalty structures for non-compliance with environmental regulations. The amendments propose to strengthen financial penalties for entities that fail to report emissions events or that cause environmental hazards. Notably, there are provisions that allow for penalties to be adjusted based on inflation and prior violation history. The changes are meant to deter violations and to encourage compliance with environmental standards set forth by the state.

Summary

House Bill 2437 is an act relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ). The bill aims to authorize the assessment and potential increase of civil and administrative penalties associated with violations of environmental laws and regulations. The primary focus of this legislation is to enhance enforcement mechanisms and hold regulated entities accountable for their emissions and compliance with established environmental standards.

Sentiment

The sentiment surrounding HB2437 is largely positive from environmental advocacy groups and other watchdog organizations, which view these measures as necessary to protect public health and the environment. They argue that increasing penalties will promote better compliance and discourage negligence among regulated entities. However, there is also contention from some industry stakeholders who may see this as an increased financial burden, raising concerns about the bill's economic implications on businesses that must comply with stringent regulations.

Contention

Despite the overall supportive sentiment, there are notable points of contention regarding the scope and extent of the penalties outlined in HB2437. Critics express concerns that excessively high penalties might disproportionately affect smaller enterprises and lead to unintended consequences such as business closures or reduced economic activity. Additionally, the potential for penalties to be tripled in cases where first responders are injured due to environmental hazards has raised alarms regarding the implications for facility operators and their liability.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 374. Dry Cleaner Environmental Response
  • Section: 252

• Chapter 382. Clean Air Act
  • Section: 0215
  • Section: New Section

Water Code

• Chapter 7. Enforcement
  • Section: 1021
  • Section: 102
  • Section: 103
  • Section: 052
  • Section: New Section