By Turner of Harris                                   H.B. No. 2281
       74R6842 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain administrative and civil penalties imposed for
    1-3  violations of the Texas Clean Air Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 382.085(c), Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        (c)  A person who violates any provision of this chapter or
    1-8  any board rule or order is subject to a civil penalty of not less
    1-9  than $50 or more than $35,000 <$25,000> for each day of violation
   1-10  and for each act of violation, as the court or jury considers
   1-11  proper.
   1-12        SECTION 2.  Section 382.088(b), Health and Safety Code, is
   1-13  amended to read as follows:
   1-14        (b)  The penalty for each violation may not exceed $20,000
   1-15  <$10,000> a day for each violation.  Each day that a continuing
   1-16  violation occurs may be considered a separate violation.
   1-17        SECTION 3.  (a)  The  change in law made by this Act applies
   1-18  only to a violation that occurs on or after the effective date of
   1-19  this Act.  A violation that occurs before the effective date of
   1-20  this Act is governed by the law in effect on that date and the
   1-21  former law is continued in effect for that purpose.
   1-22        (b)  For the purposes of this section, a violation occurs
   1-23  before the effective date of this Act if any element of the
   1-24  violation occurs before that date.
    2-1        SECTION 4.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended,
    2-6  and that this Act take effect and be in force from and after its
    2-7  passage, and it is so enacted.