Texas 2025 - 89th Regular

Texas House Bill HB1682 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2539 JRR-D
2	2	By: Morales Shaw H.B. No. 1682
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disposition and use of the state's portion of civil
10	10	penalties recovered in suits brought by local governments for
11	11	violations of certain laws under the jurisdiction of, or rules
12	12	adopted or orders or permits issued by, the Texas Commission on
13	13	Environmental Quality.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 7.107, Water Code, is amended to read as
16	16	follows:
17	17	Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF
18	18	STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for
19	19	a violation of Chapter 28 of this code or of Chapter 401, Health and
20	20	Safety Code, a civil penalty recovered in a suit brought under this
21	21	subchapter by a local government shall be divided as follows:
22	22	(1) the first $4.3 million of the amount recovered
23	23	shall be divided equally between:
24	24	(A) the state; and
25	25	(B) the local government that brought the suit;
26	26	and
27	27	(2) any amount recovered in excess of $4.3 million
28	28	shall be awarded to the state.
29	29	(b) One-half of the state's portion of a civil penalty under
30	30	Subsection (a) shall be deposited to the credit of the special
31	31	environmental remediation fund created under Section 7.1075.
32	32	SECTION 2. Subchapter D, Chapter 7, Water Code, is amended
33	33	by adding Section 7.1075 to read as follows:
34	34	Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT
35	35	PROGRAM. (a) The environmental remediation fund is created as a
36	36	special fund in the state treasury outside the general revenue
37	37	fund. The fund consists of money deposited to the credit of the
38	38	fund under Section 7.107. Money in the fund may be appropriated
39	39	only to the commission for purposes of the grant program
40	40	established under Subsection (b).
41	41	(b) From money appropriated from the special environmental
42	42	remediation fund for that purpose, the commission shall establish
43	43	and administer a grant program to provide financial assistance to
44	44	counties and municipalities for environmental remediation
45	45	projects.
46	46	(c) The commission shall adopt rules to implement the
47	47	program established under Subsection (b), including rules
48	48	establishing:
49	49	(1) eligibility criteria for grant applicants and
50	50	environmental remediation projects;
51	51	(2) grant application procedures;
52	52	(3) criteria for evaluating grant applications and
53	53	awarding grants;
54	54	(4) guidelines related to grant amounts; and
55	55	(5) procedures for monitoring the use of a grant
56	56	awarded under Subsection (b) and ensuring compliance with any
57	57	conditions of the grant.
58	58	SECTION 3. The change in law made by this Act applies only
59	59	to a violation that occurs on or after the effective date of this
60	60	Act. A violation that occurs before the effective date of this Act
61	61	is governed by the law in effect on the date the violation occurred,
62	62	and the former law is continued in effect for that purpose.
63	63	SECTION 4. This Act takes effect September 1, 2025.