By Saunders                                           H.B. No. 2429
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to consideration of supplemental environmental projects
    1-3  when determining the amount of certain administrative penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 26.136(n), Water Code, is amended to read
    1-6  as follows:
    1-7        (n)  Notwithstanding any other provision to the contrary, the
    1-8  commission may compromise, modify, or remit, with or without
    1-9  condition, any civil penalty imposed under this section.  When
   1-10  determining the appropriate amount of a civil penalty for
   1-11  settlement of an administrative enforcement matter, the commission,
   1-12  in its discretion, may consider the willingness of a respondent to
   1-13  contribute to supplemental environmental projects that are approved
   1-14  by the commission and that benefit the community in which the
   1-15  alleged violation occurred.  The term "supplemental environmental
   1-16  project" means a project that prevents pollution, reduces the
   1-17  amount of pollutants reaching the environment, enhances the quality
   1-18  of the environment, or contributes to public awareness of
   1-19  environmental matters.  The term does not include projects that are
   1-20  necessary to bring the respondent into compliance with
   1-21  environmental laws or that are necessary to remediate the
   1-22  environmental harm caused by the alleged violation.
   1-23        SECTION 2.  Section 361.251, Health and Safety Code, is
    2-1  amended by adding a new Subsection (u) to read as follows:
    2-2        (u)  The department may compromise, modify, or remit, with or
    2-3  without conditions, a civil penalty imposed under this section.
    2-4  When determining the appropriate amount of a civil penalty for
    2-5  settlement of an administrative enforcement matter, the department,
    2-6  in its discretion, may consider the willingness of a respondent to
    2-7  contribute to supplemental environmental projects that are approved
    2-8  by the department and that benefit the community in which the
    2-9  alleged violation occurred.  The term "supplemental environmental
   2-10  project" means a project that prevents pollution, reduces the
   2-11  amount of pollutants reaching the environment,  enhances the
   2-12  quality of the environment, or contributes to public awareness of
   2-13  environmental matters.  The term does not include projects that are
   2-14  necessary to bring the respondent into compliance with
   2-15  environmental laws or that are necessary to remediate the
   2-16  environmental harm caused by the alleged violation.
   2-17        SECTION 3.  Section 361.252(o), Health and Safety Code, is
   2-18  amended to read as follows:
   2-19        (o)  The commission may compromise, modify, or remit, with or
   2-20  without conditions, a civil penalty imposed under this section.
   2-21  When determining the appropriate amount of a civil penalty for
   2-22  settlement of an administrative enforcement matter, the commission,
   2-23  in its discretion, may consider the willingness of a respondent to
   2-24  contribute to supplemental environmental projects that are approved
   2-25  by the commission and that benefit the community in which the
    3-1  alleged violation occurred.  The term "supplemental environmental
    3-2  project" means a project that prevents pollution, reduces the
    3-3  amount of pollutants reaching the environment, enhances the quality
    3-4  of the environment, or contributes to public awareness of
    3-5  environmental matters.  The term does not include projects that are
    3-6  necessary to bring the respondent into compliance with
    3-7  environmental laws or that are necessary to remediate the
    3-8  environmental harm caused by the  alleged violation.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.