88R25161 JRR-D
By: Morales Shaw, Goodwin, Zwiener, Guillen, H.B. No. 3913
Thompson of Brazoria
Substitute the following for H.B. No. 3913:
By: Landgraf C.S.H.B. No. 3913
A BILL TO BE ENTITLED
AN ACT
relating to the disposition and use of the state's portion of civil
penalties recovered in suits brought by local governments for
violations of certain laws under the jurisdiction of, or rules
adopted or orders or permits issued by, the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.107, Water Code, is amended to read as
follows:
Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF
STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for
a violation of Chapter 28 of this code or of Chapter 401, Health and
Safety Code, a civil penalty recovered in a suit brought under this
subchapter by a local government shall be divided as follows:
(1) the first $4.3 million of the amount recovered
shall be divided equally between:
(A) the state; and
(B) the local government that brought the suit;
and
(2) any amount recovered in excess of $4.3 million
shall be awarded to the state.
(b) One-half of the state's portion of a civil penalty under
Subsection (a) shall be deposited to the credit of the special
environmental remediation fund created under Section 7.1075.
SECTION 2. Subchapter D, Chapter 7, Water Code, is amended
by adding Section 7.1075 to read as follows:
Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT
PROGRAM. (a) The environmental remediation fund is created as a
special fund in the state treasury outside the general revenue
fund. The fund consists of money deposited to the credit of the
fund under Section 7.107. Money in the fund may be appropriated
only to the commission for purposes of the grant program
established under Subsection (b).
(b) From money appropriated from the special environmental
remediation fund for that purpose, the commission shall establish
and administer a grant program to provide financial assistance to
counties and municipalities for environmental remediation
projects.
(c) The commission shall adopt rules to implement the
program established under Subsection (b), including rules
establishing:
(1) eligibility criteria for grant applicants and
environmental remediation projects;
(2) grant application procedures;
(3) criteria for evaluating grant applications and
awarding grants;
(4) guidelines related to grant amounts; and
(5) procedures for monitoring the use of a grant
awarded under Subsection (b) and ensuring compliance with any
conditions of the grant.
SECTION 3. The change in law made by this Act applies only
to a violation that occurs on or after the effective date of this
Act. A violation that occurs 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 4. This Act takes effect September 1, 2023.