| |
| |
|
|
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, 2025. |