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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition and use of the state's portion of civil |
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penalties recovered in suits brought by local governments for |
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violations of certain laws under the jurisdiction of, or rules |
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adopted or orders or permits issued by, the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.107, Water Code, is amended to read as |
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follows: |
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Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF |
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STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for |
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a violation of Chapter 28 of this code or of Chapter 401, Health and |
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Safety Code, a civil penalty recovered in a suit brought under this |
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subchapter by a local government shall be divided as follows: |
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(1) the first $4.3 million of the amount recovered |
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shall be divided equally between: |
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(A) the state; and |
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(B) the local government that brought the suit; |
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and |
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(2) any amount recovered in excess of $4.3 million |
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shall be awarded to the state. |
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(b) One-half of the state's portion of a civil penalty under |
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Subsection (a) shall be deposited to the credit of the special |
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environmental remediation fund created under Section 7.1075. |
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SECTION 2. Subchapter D, Chapter 7, Water Code, is amended |
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by adding Section 7.1075 to read as follows: |
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Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT |
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PROGRAM. (a) The environmental remediation fund is created as a |
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special fund in the state treasury outside the general revenue |
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fund. The fund consists of money deposited to the credit of the |
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fund under Section 7.107. Money in the fund may be appropriated |
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only to the commission for purposes of the grant program |
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established under Subsection (b). |
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(b) From money appropriated from the special environmental |
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remediation fund for that purpose, the commission shall establish |
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and administer a grant program to provide financial assistance to |
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counties and municipalities for environmental remediation |
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projects. |
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(c) The commission shall adopt rules to implement the |
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program established under Subsection (b), including rules |
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establishing: |
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(1) eligibility criteria for grant applicants and |
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environmental remediation projects; |
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(2) grant application procedures; |
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(3) criteria for evaluating grant applications and |
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awarding grants; |
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(4) guidelines related to grant amounts; and |
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(5) procedures for monitoring the use of a grant |
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awarded under Subsection (b) and ensuring compliance with any |
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conditions of the grant. |
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SECTION 3. The change in law made by this Act applies only |
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to a violation that occurs on or after the effective date of this |
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Act. A violation that occurs before the effective date of this Act |
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is governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |