| 1 | 1 | | 89R10218 JRR-F |
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| 2 | 2 | | By: Gerdes H.B. No. 4815 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the liability of owners or operators of certain sources |
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| 10 | 10 | | or facilities for unauthorized emissions caused by the criminal act |
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| 11 | 11 | | of another. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 382.085, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Subsection (c) to read as follows: |
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| 15 | 15 | | (c) The prohibitions under Subsections (a) and (b) relating |
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| 16 | 16 | | to the emission of an air contaminant do not apply to the owner or |
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| 17 | 17 | | operator of a source or facility that belongs to a Standard |
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| 18 | 18 | | Industrial Classification Code described in Section 382.051961(a), |
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| 19 | 19 | | and the owner or operator is not subject to civil, administrative, |
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| 20 | 20 | | or criminal liability under Chapter 7, Water Code, for the |
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| 21 | 21 | | emission, if the emission was caused by a criminal act committed by |
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| 22 | 22 | | a person other than the owner or operator of the source or facility. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to the emission of an air contaminant that occurs on or after the |
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| 25 | 25 | | effective date of this Act. An emission of an air contaminant that |
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| 26 | 26 | | occurs before the effective date of this Act is governed by the law |
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| 27 | 27 | | in effect on the date the emission occurred, and the former law is |
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| 28 | 28 | | continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2025. |
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