By:  Barrientos                                       S.B. No. 1300
       73R5127 MI-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to administrative penalties for violations of certain
    1-3  environmental laws and rules and to civil suits and criminal
    1-4  prosecutions brought under those laws.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 26.136(o), Water Code, is amended to read
    1-7  as follows:
    1-8        (o)  Payment of an administrative penalty under this section:
    1-9              (1)  estops the commission from pursuing any further
   1-10  penalties for the same violation against the person against whom
   1-11  the penalty is assessed; and
   1-12              (2)  shall be credited against a civil penalty assessed
   1-13  against that person in a lawsuit instituted by a local government
   1-14  against the person for the same violation under Section 26.124 of
   1-15  this code <shall be full and complete satisfaction of the violation
   1-16  for which the administrative penalty is assessed and shall preclude
   1-17  any other civil or criminal penalty for the same violation>.
   1-18        SECTION 2.  Section 382.089(g), Health and Safety Code, is
   1-19  amended to read as follows:
   1-20        (g)  Payment of an administrative penalty under this section:
   1-21              (1)  estops the board from pursuing any further
   1-22  penalties for the same violation against the person against whom
   1-23  the penalty is assessed; and
   1-24              (2)  shall be credited against a civil penalty assessed
    2-1  against that person in a lawsuit instituted by a local government
    2-2  against the person for the same violation under Section 382.114 <is
    2-3  full and complete satisfaction of the violation for which the
    2-4  administrative penalty is assessed and precludes any other civil or
    2-5  criminal penalty for the same violation>.
    2-6        SECTION 3.  (a)  The changes in law made by this Act apply
    2-7  only to an offense committed on or after the effective date of this
    2-8  Act.  For purposes of this section, an offense is committed before
    2-9  the effective date of this Act if any element of the offense occurs
   2-10  before that date.
   2-11        (b)  An offense committed before the effective date of this
   2-12  Act is covered by the law in effect when the offense was committed,
   2-13  and the former law is continued in effect for this purpose.
   2-14        SECTION 4.  This Act takes effect September 1, 1993.
   2-15        SECTION 5.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency   and   an   imperative   public   necessity   that   the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.