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.