1-1 By: Saunders (Senate Sponsor - Parker) H.B. No. 2429
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to consideration of supplemental environmental projects in
1-22 determining the amount of certain administrative penalties under
1-23 the Water Code.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 26.136(n), Water Code, is amended to read
1-26 as follows:
1-27 (n) Notwithstanding any other provision to the contrary, the
1-28 commission may compromise, modify, or remit, with or without
1-29 condition, any civil penalty imposed under this section. In
1-30 determining the appropriate amount of a civil penalty for
1-31 settlement of an administrative enforcement matter, the commission,
1-32 in its discretion, may consider the willingness of a respondent to
1-33 contribute to supplemental environmental projects that are approved
1-34 by the commission, giving preference to those projects that benefit
1-35 the community in which the alleged violation occurred. In this
1-36 subsection, "supplemental environmental project" means a project
1-37 that prevents pollution, reduces the amount of pollutants reaching
1-38 the environment, enhances the quality of the environment, or
1-39 contributes to public awareness of environmental matters. The term
1-40 does not include projects that are necessary to bring the
1-41 respondent into compliance with environmental laws or that are
1-42 necessary to remediate the environmental harm caused by the alleged
1-43 violation.
1-44 SECTION 2. Section 361.251, Health and Safety Code, is
1-45 amended by adding Subsection (u) to read as follows:
1-46 (u) The department may compromise, modify, or remit, with or
1-47 without conditions, a civil penalty imposed under this section. In
1-48 determining the appropriate amount of a civil penalty for
1-49 settlement of an administrative enforcement matter, the department,
1-50 in its discretion, may consider the willingness of a respondent to
1-51 contribute to supplemental environmental projects that are approved
1-52 by the department, giving preference to those projects that benefit
1-53 the community in which the alleged violation occurred. In this
1-54 subsection, "supplemental environmental project" means a project
1-55 that prevents pollution, reduces the amount of pollutants reaching
1-56 the environment, enhances the quality of the environment, or
1-57 contributes to public awareness of environmental matters. The term
1-58 does not include projects that are necessary to bring the
1-59 respondent into compliance with environmental laws or that are
1-60 necessary to remediate the environmental harm caused by the alleged
1-61 violation.
1-62 SECTION 3. Section 361.252(o), Health and Safety Code, is
1-63 amended to read as follows:
1-64 (o) The commission may compromise, modify, or remit, with or
1-65 without conditions, a civil penalty imposed under this section. In
1-66 determining the appropriate amount of a civil penalty for
1-67 settlement of an administrative enforcement matter, the commission,
1-68 in its discretion, may consider the willingness of a respondent to
2-1 contribute to supplemental environmental projects that are approved
2-2 by the commission, giving preference to those projects that benefit
2-3 the community in which the alleged violation occurred. In this
2-4 subsection, "supplemental environmental project" means a project
2-5 that prevents pollution, reduces the amount of pollutants reaching
2-6 the environment, enhances the quality of the environment, or
2-7 contributes to public awareness of environmental matters. The term
2-8 does not include projects that are necessary to bring the
2-9 respondent into compliance with environmental laws or that are
2-10 necessary to remediate the environmental harm caused by the
2-11 alleged violation.
2-12 SECTION 4. Section 382.088, Health and Safety Code, is
2-13 amended by adding Subsection (j) to read as follows:
2-14 (j) The board may compromise, modify, or remit, with or
2-15 without conditions, a civil penalty imposed under this section. In
2-16 determining the appropriate amount of a civil penalty for
2-17 settlement of an administrative enforcement matter, the board, in
2-18 its discretion, may consider the willingness of a respondent to
2-19 contribute to supplemental environmental projects that are approved
2-20 by the board, giving preference to those projects that benefit the
2-21 community in which the alleged violation occurred. In this
2-22 subsection, "supplemental environmental project" means a project
2-23 that prevents pollution, reduces the amount of pollutants reaching
2-24 the environment, enhances the quality of the environment, or
2-25 contributes to public awareness of environmental matters. The term
2-26 does not include projects that are necessary to bring the
2-27 respondent into compliance with environmental laws or that are
2-28 necessary to remediate the environmental harm caused by the alleged
2-29 violation.
2-30 SECTION 5. This Act does not affect the transfer of powers,
2-31 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
2-32 Legislature, 1st Called Session, 1991.
2-33 SECTION 6. The changes in law made by this Act apply to the
2-34 determination of a civil penalty for settlement of an
2-35 administrative enforcement matter brought on or after the effective
2-36 date of this Act or in which a final decision is pending before the
2-37 Texas Water Commission or the Texas Air Control Board on the
2-38 effective date of this Act.
2-39 SECTION 7. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended,
2-44 and that this Act take effect and be in force from and after its
2-45 passage, and it is so enacted.
2-46 * * * * *
2-47 Austin,
2-48 Texas
2-49 May 21, 1993
2-50 Hon. Bob Bullock
2-51 President of the Senate
2-52 Sir:
2-53 We, your Committee on Natural Resources to which was referred H.B.
2-54 No. 2429, have had the same under consideration, and I am
2-55 instructed to report it back to the Senate with the recommendation
2-56 that it do pass and be printed.
2-57 Sims,
2-58 Chairman
2-59 * * * * *
2-60 WITNESSES
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Jon K. Fisher x
2-64 Representing: Tx Chemical Council
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: David Duncan x
2-68 Representing: Tx Water Commission
2-69 City: Austin
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