By: Harris, Chris S.B. No. 125
73R1525 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for certain offenses under the Texas Clean
1-3 Air Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 382.092(e)-(h), Health and Safety Code,
1-6 are amended to read as follows:
1-7 (e) <An offense under Section 382.091(a)(7) is punishable
1-8 for an individual by a fine of not more than $150,000 or less than
1-9 $1,500, confinement in the institutional division of the Texas
1-10 Department of Criminal Justice not to exceed five years, or both
1-11 fine and confinement and, for a corporation or association, by a
1-12 fine of not more than $300,000 or less than $3,000.>
1-13 <(f)> An offense under Section 382.091(a)(7) <382.091(a)(8)>
1-14 is punishable for an individual by a fine of not more than $250,000
1-15 or less than $2,500, confinement in the institutional division of
1-16 the Texas Department of Criminal Justice not to exceed 10 years, or
1-17 both fine and confinement and, for a corporation or association, by
1-18 a fine of not more than $500,000 or less than $5,000.
1-19 (f) <(g)> If it is shown at the trial of a defendant that
1-20 the defendant has previously been convicted of an offense under
1-21 this section, the maximum punishment may be doubled with respect to
1-22 both the fine and imprisonment.
1-23 (g) <(h)> In this section, "corporation" and "association"
1-24 have the meanings assigned by Section 1.07, Penal Code, except that
2-1 the terms do not include a government.
2-2 SECTION 2. (a) The change in law made by this Act applies
2-3 only to an offense committed on or after the effective date of this
2-4 Act. For the purposes of this section, an offense is committed
2-5 before the effective date of this Act if any element of the offense
2-6 occurs before that date.
2-7 (b) An offense committed before the effective date of this
2-8 Act is covered by the law in effect when the offense was committed,
2-9 and the former law is continued in effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.