| 1 | 1 | | 88R10334 MP-F |
|---|
| 2 | 2 | | By: Miles S.B. No. 1552 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to affirmative defenses for a Texas Commission on |
|---|
| 8 | 8 | | Environmental Quality enforcement action for unauthorized emission |
|---|
| 9 | 9 | | or opacity events. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. The following provisions of the Health and |
|---|
| 12 | 12 | | Safety Code are repealed: |
|---|
| 13 | 13 | | (1) Sections 382.0216(f) and (h); and |
|---|
| 14 | 14 | | (2) Sections 382.051962(c) and (d). |
|---|
| 15 | 15 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 16 | 16 | | an enforcement action initiated by the Texas Commission on |
|---|
| 17 | 17 | | Environmental Quality on or after the effective date of this Act. An |
|---|
| 18 | 18 | | enforcement action initiated before the effective date of this Act |
|---|
| 19 | 19 | | is governed by the law in effect immediately before the effective |
|---|
| 20 | 20 | | date of this Act, and the former law is continued in effect for that |
|---|
| 21 | 21 | | purpose. |
|---|
| 22 | 22 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 23 | 23 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 24 | 24 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 25 | 25 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 26 | 26 | | Act takes effect September 1, 2023. |
|---|