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.