1-1 By: Madla S.B. No. 424 1-2 (In the Senate - Filed February 2, 1995; February 6, 1995, 1-3 read first time and referred to Committee on Natural Resources; 1-4 March 15, 1995, reported favorably, as amended, by the following 1-5 vote: Yeas 11, Nays 0; March 15, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister 1-7 S.B. No. 424 is amended in Section 1 of the bill by adding the 1-8 following sentence to Section 5.1175(c), Water Code, following the 1-9 first sentence of that subsection (Introduced version page 1, line 1-10 24; Committee Printing page 1, line 37): 1-11 The period over which the penalty may be paid may not exceed 1-12 12 months. 1-13 A BILL TO BE ENTITLED 1-14 AN ACT 1-15 relating to the payment in periodic installments of certain 1-16 penalties owed by certain businesses for violations of law under 1-17 the jurisdiction of the Texas Natural Resource Conservation 1-18 Commission. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-21 by adding Section 5.1175 to read as follows: 1-22 Sec. 5.1175. PAYMENT OF PENALTY BY INSTALLMENT. (a) The 1-23 commission by rule shall allow a small business that owes a 1-24 monetary civil or administrative penalty imposed for a violation of 1-25 law within the commission's jurisdiction or for a violation of a 1-26 license, permit, or order issued or rule adopted by the commission 1-27 to pay the penalty in periodic installments. The rule must provide 1-28 a procedure for a qualified small business to apply for permission 1-29 to pay the penalty over time. 1-30 (b) The rule must classify small businesses by their net 1-31 annual receipts and number of employees. A business that is a 1-32 wholly owned subsidiary of a corporation may not qualify as a small 1-33 business under this section. 1-34 (c) The rule may vary the period over which the penalty may 1-35 be paid or the amount of the periodic installments according to the 1-36 amount of the penalty owed and the size of the business that owes 1-37 the penalty. 1-38 SECTION 2. The Texas Natural Resource Conservation 1-39 Commission shall adopt the rule required by Section 5.1175, Water 1-40 Code, as added by this Act, to take effect as soon as is 1-41 practicable but not later than January 1, 1996. 1-42 SECTION 3. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended, 1-47 and that this Act take effect and be in force from and after its 1-48 passage, and it is so enacted. 1-49 * * * * *