73R7489 MI-F
By Saunders H.B. No. 2429
Substitute the following for H.B. No. 2429:
By Kuempel C.S.H.B. No. 2429
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consideration of supplemental environmental projects in
1-3 determining the amount of certain administrative penalties under
1-4 the Water Code.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 26.136(n), Water Code, is amended to read
1-7 as follows:
1-8 (n) Notwithstanding any other provision to the contrary, the
1-9 commission may compromise, modify, or remit, with or without
1-10 condition, any civil penalty imposed under this section. In
1-11 determining the appropriate amount of a civil penalty for
1-12 settlement of an administrative enforcement matter, the commission,
1-13 in its discretion, may consider the willingness of a respondent to
1-14 contribute to supplemental environmental projects that are approved
1-15 by the commission, giving preference to those projects that benefit
1-16 the community in which the alleged violation occurred. In this
1-17 subsection, "supplemental environmental project" means a project
1-18 that prevents pollution, reduces the amount of pollutants reaching
1-19 the environment, enhances the quality of the environment, or
1-20 contributes to public awareness of environmental matters. The term
1-21 does not include projects that are necessary to bring the
1-22 respondent into compliance with environmental laws or that are
1-23 necessary to remediate the environmental harm caused by the alleged
2-1 violation.
2-2 SECTION 2. Section 361.251, Health and Safety Code, is
2-3 amended by adding Subsection (u) to read as follows:
2-4 (u) The department may compromise, modify, or remit, with or
2-5 without conditions, a civil penalty imposed under this section. In
2-6 determining the appropriate amount of a civil penalty for
2-7 settlement of an administrative enforcement matter, the department,
2-8 in its discretion, may consider the willingness of a respondent to
2-9 contribute to supplemental environmental projects that are approved
2-10 by the department, giving preference to those projects that benefit
2-11 the community in which the alleged violation occurred. In this
2-12 subsection, "supplemental environmental project" means a project
2-13 that prevents pollution, reduces the amount of pollutants reaching
2-14 the environment, enhances the quality of the environment, or
2-15 contributes to public awareness of environmental matters. The term
2-16 does not include projects that are necessary to bring the
2-17 respondent into compliance with environmental laws or that are
2-18 necessary to remediate the environmental harm caused by the alleged
2-19 violation.
2-20 SECTION 3. Section 361.252(o), Health and Safety Code, is
2-21 amended to read as follows:
2-22 (o) The commission may compromise, modify, or remit, with or
2-23 without conditions, a civil penalty imposed under this section. In
2-24 determining the appropriate amount of a civil penalty for
2-25 settlement of an administrative enforcement matter, the commission,
3-1 in its discretion, may consider the willingness of a respondent to
3-2 contribute to supplemental environmental projects that are approved
3-3 by the commission, giving preference to those projects that benefit
3-4 the community in which the alleged violation occurred. In this
3-5 subsection, "supplemental environmental project" means a project
3-6 that prevents pollution, reduces the amount of pollutants reaching
3-7 the environment, enhances the quality of the environment, or
3-8 contributes to public awareness of environmental matters. The term
3-9 does not include projects that are necessary to bring the
3-10 respondent into compliance with environmental laws or that are
3-11 necessary to remediate the environmental harm caused by the
3-12 alleged violation.
3-13 SECTION 4. Section 382.088, Health and Safety Code, is
3-14 amended by adding Subsection (j) to read as follows:
3-15 (j) The board may compromise, modify, or remit, with or
3-16 without conditions, a civil penalty imposed under this section. In
3-17 determining the appropriate amount of a civil penalty for
3-18 settlement of an administrative enforcement matter, the board, in
3-19 its discretion, may consider the willingness of a respondent to
3-20 contribute to supplemental environmental projects that are approved
3-21 by the board, giving preference to those projects that benefit the
3-22 community in which the alleged violation occurred. In this
3-23 subsection, "supplemental environmental project" means a project
3-24 that prevents pollution, reduces the amount of pollutants reaching
3-25 the environment, enhances the quality of the environment, or
4-1 contributes to public awareness of environmental matters. The term
4-2 does not include projects that are necessary to bring the
4-3 respondent into compliance with environmental laws or that are
4-4 necessary to remediate the environmental harm caused by the alleged
4-5 violation.
4-6 SECTION 5. This Act does not affect the transfer of powers,
4-7 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
4-8 Legislature, 1st Called Session, 1991.
4-9 SECTION 6. The changes in law made by this Act apply to the
4-10 determination of a civil penalty for settlement of an
4-11 administrative enforcement matter brought on or after the effective
4-12 date of this Act or in which a final decision is pending before the
4-13 Texas Water Commission or the Texas Air Control Board on the
4-14 effective date of this Act.
4-15 SECTION 7. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended,
4-20 and that this Act take effect and be in force from and after its
4-21 passage, and it is so enacted.