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.