ACG S.B. 1876 75(R) BILL ANALYSIS ENVIRONMENTAL REGULATION S.B. 1876 By: Bivins (Chisum) 5-15-97 Committee Report (Amended) BACKGROUND In 1993, the 73rd Legislature consolidated the Texas Water Commission and the Texas Air Control Board, which both developed from previous agencies and authority, into a single environmental regulatory agency now known as the Texas Natural Resource Conservation Commission (TNRCC). As a result of this history, the authorizing legislation for all of the programs the TNRCC administers and enforces is found in several different places in the Texas Water Code and the Texas Health and Safety Code. Currently, statutory differences exist in the areas of penalty authority, defenses, and shutdown authority and permit revocation. These differences that exist in the TNRCC's myriad of enforcement authority provisions has resulted in inconsistency and potential inequity in agency enforcement actions. It is not likely that the statutes were intended to create such differences; rather, to the extent that legislative intent is discernable, it seems likely that the consolidation which formed the TNRCC was in part intended to avoid these differences. PURPOSE This bill would consolidate the agency's emergency order and enforcement authority into Chapters 5 and 7 of the Water Code, which would apply to most emergency order and enforcement matters of the TNRCC. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Natural Resource Conservation Commission under the following SECTIONS of the bill: SECTION 1 of the bill (Sections 5.501(c), 5.501(g), 5.503, 5.504(c), Water Code.); and SECTION 2 of the bill (Section 7.305, Water Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 5 of the Water Code by adding a new Subchapter L. Sec. 5.501. (a) Authorizes the commission to issue temporary and emergency orders which may be mandatory, permissive or prohibitory, to issue temporary permits by temporary or emergency order, and to suspend or amend permit conditions by temporary or emergency order. (b) Sets out requirements for notice for hearings on temporary and emergency orders; requires the commission to hold a hearing prior to issuing temporary orders and to do so where practicable before issuing emergency orders; provides that except as provided for orders relating to instream flows, notice required must be given not later than 10 days before the hearing date, and that for a temporary order notice must be issued at least 20 days prior to the hearing. (c) Authorizes the commission to delegate to the executive director the power to receive applications and issue emergency orders, and to authorize a representative to act on the executive director's behalf. (d) Provides that the issuance of emergency orders without a hearing is not a contested case hearing under Chapter 2001, Government Code. (e) Provides that the notice and procedural provisions of the statutes other than Subchapter L based on which the commission acts do not apply to emergency orders, unless those statutes contain provisions specifically applicable to emergency orders. (f) Provides that emergency and temporary orders do not create any rights for the recipient. (g) Authorizes the commission to promulgate rules and fees necessary to carry out its duty under Subchapter L. Sec. 5.502. Requires a person other than the executive director who desires a temporary or emergency order to submit a sworn application containing the condition justifying the order, allege the facts, state the time period of the order and the action sought, and any other information required by law or the commission. Sec. 5.503. Requires that notice of emergency orders be issued consistent with commission rules. Sec. 5.504. (a) Requires that emergency orders issued without a prior hearing must set a date for a hearing to review the order as soon as practicable. (b) Provides that the order must be affirmed, modified or set aside at the hearing. (c) Provides that a hearing held under Section 5.504 is a contested case under Chapter 2001, Government Code, and that commission rules must provide for presentation of evidence under oath and cross-examination of witnesses. Sec. 5.505. Limits temporary and emergency orders to a reasonable time period, with emergency orders limited to no longer than 180 days with one 180 day renewal. Sec. 5.506. (a) Authorizes the commission to suspend permit conditions relating to instream uses and beneficial inflows to bay and estuaries by emergency or temporary order on a finding of an emergency that cannot be practicably resolved otherwise. (b) Requires the commission to issue prior written notice to the Parks and Wildlife Department; requires the commission to consider any comments received by the commission within 72 hours from the time the Department received the notice. (c) Authorizes the commission to suspend permit requirements under this section without additional notice. (d) Requires that all affected persons must be immediately notified by publication. Sec. 5.507. Authorizes the commission to issue a temporary order appointing a temporary manager of a utility discontinuing operation; provides that notice is adequate if mailed or hand delivered to the last known address of the utility's headquarters. Sec. 5.508. (a) Authorizes the commission to issue emergency rate increases for water utilities where necessary to ensure continuous and adequate service in cases of receivership or where a temporary manager has been appointed under other applicable sections of the Water Code. (b) Requires a utility to provide notice of an emergency rate increase to each ratepayer as soon as possible, but not later than the first bill under the new rate. (c) Provides that orders for emergency rate increases may extend up to 15 months; requires the commission to set a hearing for a final rate within 15 months after the increase is effective; provides that additional revenues under an emergency increase are subject to refund if the commission finds that the increase was larger than necessary. Sec. 5.509. (a) Authorizes the commission to issue emergency or temporary orders for the discharge of waste into state waters if the order is required to allow quicker action than is otherwise available, and if the commission finds that the discharge is unavoidable to prevent loss of life, serious injury, or severe property damage, to prevent severe economic loss or to ameliorate a serious drought condition consistent with a delegated federal program, or to make unforeseen repairs; requires that there be no feasible alternatives; requires that the discharge not cause a significant hazard to property, human health, or uses of the receiving waters. (b) Requires a person requesting an order to submit a sworn statement of the discharge volume, planned mitigation measures, and measures proposed to maximize treatment efficiency of operating facilities in addition to complying with the requirements of Section 5.502. Sec. 5.510. (a) Authorizes the commission to issue emergency orders prohibiting the owner or operator of an underground storage tank from allowing a release and requiring the owner or operator to take actions necessary to eliminate the release on a finding that a release is threatened and that quicker action is needed than is available under Chapter 26. (b) Requires notification of emergency orders by mail, hand delivery or publication to each person identified in an order. Sec. 5.511. Authorizes the commission to issue emergency administrative orders under Sections 361.272, Health and Safety Code in the manner provided under Subchapter L if a solid waste facility poses a threat of imminent and substantial endangerment. Sec. 5.512. Authorizes the commission to issue emergency orders regarding solid waste management where an immediate action is necessary to protect public health and safety. Sec. 5.513. (a) Authorizes the commission to issue emergency orders suspending a registration issued under Chapter 366, Health and Safety Code, or regulating a disposal system where operation of a system not complying with commission rule or Chapter 366 endangers public health and safety. (b) Requires an order issued without notice or hearing to set a time not more than 30 days after issuance for a hearing. Sec. 5.514. (a) Authorizes the commission, with concurrence of the governor, to issue an emergency order requiring a person to immediately reduce or cease emitting air contaminants causing or contributing to a generalized condition of air pollution creating an emergency requiring immediate action to protect human health and safety. (b) Authorizes the commission to issue an emergency order requiring persons to immediately reduce or cease emissions on a finding the emissions are causing imminent danger to human health or safety, but not a generalized condition of air pollution. (c) Requires the commission to issue a decision affirming, modifying or setting aside emergency orders not later than 24 hours after a hearing begins, and without adjournment of the hearing. (d) Clarifies that the section does not limit the authority of the governor or other officer to declare an emergency. Sec. 5.515. (a) Authorizes the commission to issue emergency orders for the immediate addition, replacement or repair of facilities and the emissions associated with the repair where the construction is required by a catastrophe. (b) Requires that an order under this section must include a schedule for submission of a complete application for a permit under Section 382.0518, Health and Safety Code; requires that an order under this section be issued only to facilities located on property where the catastrophe occurred or on property owned by the same person owning the property where the catastrophe occurred and that produces the same products or by-products as that property. (c) Requires the person requesting the emergency order to show that the increase in concentrations of contaminants will not be more than de minimis at the property line; requires the commission to act on an application without regard to construction activity under an order under this sction. (d) Requires a person requesting an order to file a sworn application which complies with Section 5.502 and which includes a description of the catastrophe, a statement that the construction complies with the requirements of necessity, lack of alternatives and protection of the environment, an estimate of the construction period and a description of the contaminants to be emitted. (e) Defines "catastrophe". Sec. 5.516. Authorizes the commission to issue emergency orders under Section 401.056, Health and Safety Code, as provided in Subchapter L. Sec. 5.517. (a) Authorizes the commission to issue emergency orders under Section 401.270, Health and Safety Code, requiring a person responsible for a radioactive waste processing activity to take any action necessary, including corrective measures, to address an apparent actual or threatened release of source or byproduct material presenting an imminent and substantial danger to public health and safety or the environment. (b) Provides that emergency orders may restrain persons from allowing releases and may require a person to implement a remedial action plan. (c) Provides that emergency orders must be mailed, hand-delivered or delivered by public notice to persons identified in the orders. (d) Provides that if an emergency order is adopted without prior hearing, the commission must hold a hearing within 10 to 30 days of issuance. SECTION 2. Amends Subtitle A, Title 2, Water Code by adding Chapter 7. SUBCHAPTER A. GENERAL PROVISIONS Sec. 7.001.Defines "commission" and "permit". Sec. 7.002. Provides for the enforcement authority of the commission to institute legal proceedings to compel compliance. Sec. 7.003. Requires a monthly enforcement report by the commission with a publicly noticed discussion and copies filed with the governor and the attorney general. Sec. 7.004. Provides that remedies are cumulative, and that the bill will not affect the right of a person to pursue available common law remedies. Sec. 7.005. Provides that Chapter 7 will not exempt a person from other legal obligations. SUBCHAPTER B. CORRECTIVE ACTION AND INJUNCTIVE RELIEF (a) Sec. 7.031. (a) Requires the commission to compel corrective action for a release of hazardous waste or hazardous waste constituents from a solid waste management unit at a solid waste processing, storage, or disposal facility that is required to obtain a permit for the management of hazardous waste and whose permit is issued after November 8, 1984. (b) Requires the commission to establish schedules for compliance for the corrective action, if it cannot be completed before permit issuance, and to require assurances of financial responsibility for completing the corrective action. (c) Provides that if, before the issuance of a permit, the commission determines that there is a release of hazardous waste into the environment from a facility required to obtain a permit, the commission may issue an order for corrective action or other response measures or may institute a civil action under Subchapter D. (d) Provides that an order issued under this section may include a suspension or revocation of authorization to operate; must state with reasonable specificity the nature of the required corrective action or other response measure; and must specify a time for compliance. (e) Provides that if a person does not comply with an order, the agency issuing the order may assess a penalty. Sec. 7.032. (a) Allows the executive director to enforce a commission rule, or a permit provision by injunction or other appropriate remedy. (b) Provides that if it appears that a violation of a statute, rule or order has occurred or is about to occur and cause immediate injury or is a significant threat to the health, welfare, or personal property of a citizen or a local government, the executive direct may bring suit in district court for injunctive relief to restrain the violation. (c) Requires the suit to be brought either in the county in which the defendant resides or in the county in which the violation or threat of violation occurs. (d) Allows the court to grant the commission, without bond, an injunction, temporary restraining orders, after notice and hearing, temporary injunctions, and permanent injunctions. (e) Requires the attorney general or a prosecuting attorney, on request of the executive director, to initiate a suit for injunctive relief; allows the suit to be brought independently of or in conjunction with a suit under Subchapter D. Sec. 7.033. Requires the commission to seek reimbursement by order or suit of security from the fund used by the commission to pay for actions to remedy spills or contamination by radioactive material from a violation of Chapter 401. SUBCHAPTER C. ADMINISTRATIVE PENALTIES Sec. 7.051. (a) Allows the commission to assess a penalty against a person as provided by this section if the person violates a provision of the code, a rule or order, or a permit or registration issued by the commission; and no county, political subdivision, or municipality is prosecuting a lawsuit under for the same violation. (b) Provides that Subchapter C does not apply to violations of Chapters 11, 12, 13, 16 or 36 of the Water Code, or Chapter 341 of the Health and Safety Code. Sec. 7.052. (a) Establishes the amount of the penalty for violations of Chapters 18, 32, 33, 34 of this code and Chapters 366, 371, and 372 of the Health and Safety Code may not exceed $2,500 a day for each violation. (b) Establishes the amount of the penalty for all other violations within the jurisdiction of the commission to enforce may not exceed $10,000 a day for each violation. (c) Provides that each day that a continuing violation occurs may be considered a separate violation. Allows the commission to authorize an installment payment schedule for administrative orders issued under this section, except in administrative orders issued under Section 7.057, or orders issued after a hearing under Section 7.058. Sec. 7.053. Requires the commission, in determining the amount of the penalty, to consider the nature and circumstances of the act with special emphasis on the impairment of existing water rights or hazard or potential hazard created to the health or safety of the public; the impact of the violation on air quality in the region, a receiving stream or underground reservoir, instream uses, water quality, aquatic and wildlife habitat, or beneficial freshwater inflows to bays and estuaries; or affected persons; with respect to the alleged violator the history of previous violations, degree of culpability, good faith, economic benefit gained through the violation and the amount necessary to deter future violations; and any other matters that justice may require. Sec. 7.054. Allows the executive director to issue a preliminary report, if, after examination of the alleged violation and the facts, he concludes that a violation has occurred. Sec. 7.055. Requires the executive director to give written notice of the report to the person charged with the violation pursuant to commission rules not later than 10th day after the date the report is issued. Sec. 7.056. Provides that the person charged may give to the commission written consent to the executive director's report, including the recommended penalty, or make a written request for a hearing not later than the 20th day after the date on which notice is received. Sec. 7.057. If the person charged with the violation consents to the penalty recommended by the executive director or does not timely respond to the notice, requires the commission to assess the penalty or order a hearing to be held on the recommendations in the report; requires the commission to give written notice to the person charged if the commission assesses the penalty. Sec. 7.058. Requires the commission to order a hearing if the person charged requests or the commission orders a hearing; allows the commission to find that a violation has occurred and assess a penalty, find that a violation has occurred but that no penalty should be assessed, or find that no violation has occurred; requires the commission to analyze each factor prescribed by Section 7.053; provides that all proceedings under this subchapter are subject to the APA. Sec. 7.059. Requires the commission to give notice of its decision to the person charged, and if the commission finds that a violation has occurred and assesses a penalty, requires the commission to give written notice to the person charged of the commission's findings, the amount of the penalty, the right to judicial review of the commission's order; and other information required by law. Sec. 7.060. Requires the commission, if required to give notice of a penalty under Section 7.057 or Section 7.059, to file notice of its decision in the Texas Register not later than 10th day after the date on which the decision is adopted. Sec. 7.061. Requires the person charged with the penalty, within the 30-day period immediately following the date on which the commission's order is final, as provided by Section 2001.144, Government Code, to pay the penalty in full; pay the first installment payment in full; pay the penalty and petition for judicial review, contesting the amount of the penalty or the fact of the violation or both; or without paying the penalty, file a petition for judicial review contesting the occurrence of the violation and the amount of the penalty. Sec. 7.062. Allows a person acting under Section 7.061(3) within the 30-day period to stay enforcement by paying the amount of the penalty into an escrow account; or giving to the court a supersedeas bond; or request the court to stay enforcement of the penalty by filing a sworn affidavit of the person stating that the person is financially unable to give the supersedeas bond; and sending a copy of the affidavit to the executive director by certified mail. Sec. 7.063. Provides that the executive director may file within five days after the date the copy is received a contest to the affidavit; requires the court to hold a hearing on the facts in the affidavit and stay the enforcement of the penalty on finding that the alleged facts are true; places the burden of proof on the person who files an affidavit. Sec. 7.064. Provides for judicial review of the order or decision of the commission under Subchapter G, Chapter 2001, Government Code. Sec. 7.065. (a) Requires the executive director, if the person paid the penalty and the if the penalty is reduced or not assessed by the court, to remit the appropriate amount plus interest or shall execute a release of the bond if a supersedeas bond has been posted. (b) Provides that the interest on amounts remitted by the executive director will be paid at the federal reserve rate charged to depository institutions and that interest will be paid from the date the penalty is paid to the day the penalty is remitted. Sec. 7.066. Provides that a person who fails to comply with Section 7.061 waives the right to judicial review, and allows the commission or the executive director to refer the matter to the attorney general for enforcement. Sec. 7.067. (a) Allows the commission to compromise, modify, or remit, with or without conditions, an administrative penalty; allows the commission to consider the willingness of a respondent to contribute to supplemental environmental projects approved by the commission, giving preference to those projects that benefit the community in which the alleged violation occurred. (b) Defines "supplemental environmental project". Sec. 7.068. Provides that payment of an administrative penalty is full and complete satisfaction of the violation for which the penalty is assessed and precludes any other civil or criminal penalty for the same violation. Sec. 7.069. Requires that a penalty be deposited in the state treasury to the credit of the general revenue fund. Sec. 7.070. Provides that the commission is not required to make findings of fact or conclusions of law, other than a finding of jurisdiction, in an agreed order compromising an alleged violation. Provides that an agreed administrative order may include a reservation that the order is not an admission of a violation of the provisions of this code or the Health and Safety Code within the jurisdiction of the commission or a rule adopted under those provisions, the violation is in dispute; or the order is not intended to become a part of a party's or a facility's compliance history. Sec. 7.071. Requires that an agreed administrative order is not be admissible against a party to that order in a civil proceedings, unless the proceeding is brought by the attorney general's office to enforce the terms of that order; or pursue violations of this code or the Health and Safety Code. Sec. 7.072. Provides that an administrative penalty owed under this section may be recovered in a civil action brought by the attorney general at the request of the commission. Sec. 7.073. Allows the commission, if a person violates any statute or rule within the commission's jurisdiction, to assess an administrative penalty under this section; and order the person to take corrective action. Sec. 7.074. Provides that the commission may exercise the hearing powers under Section 26.020 in enforcement matters. Sec. 7.075. (a) Requires that, before the commission approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under this chapter to which the commission is a party, the commission permit the public to comment in writing on the proposed order or agreement. Requires notice of the opportunity to comment to be published in the Texas Register not later than the 30th day before the date on which the public comment period closes. (b) Requires the commission to promptly consider any written comments and allows the commission to withdraw or withhold consent to the proposed order or agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the provisions of this code and the Water Code within the commission's jurisdiction. Provides that no further notice of changes to the proposed order or agreement must be published if those changes arise from comments submitted in response to a previous notice. (c) Provides that this section does not apply to criminal enforcement proceedings or emergency orders or other emergency relief that is not a final order. (d) Provides that the Administrative Procedures Act does not apply to public comment under this section. SUBCHAPTER D. CIVIL PENALTIES. Sec. 7.101. Prohibits a person from causing or allowing a violation of a provision of a statute within the commission's jurisdiction or a rule, order, permit, license. Sec. 7.102. Provides that a person who causes or allows a violation under the statutes, rules, orders, permits, certificates, or licenses relating to Chapters 13, 18, 32, 33 and 34 of this code and Chapters 341, 366, 371, and 372 of the Health and Safety Code shall be assessed for each violation a civil penalty of not less than $50 nor more than $5,000 for each day of each violation as the court or jury considers proper; provides that a person who causes or allows a violation relating to all other violations, except for violations of Chapters 11, 12, 13, 16 or 36 of the Water Code, or Chapter 341 of the Health and Safety Code, within the commission's jurisdiction to enforce shall be assessed for each violation a civil penalty of not less than $50 nor more than $25,000 for each day of each violation as the court or jury considers proper; establishes that each day of a continuing violation is a separate violation. Sec. 7.103. Provides that if the defendant has previously been assessed a civil penalty within a year before the date of the violation, the defendant will be assessed a civil penalty not less than $100 nor more than $25,000 for each subsequent day and for each subsequent violation. Establishes that each day of a continuing violation is a separate violation. Sec. 7.074. Provides that a penalty may not be assessed for failing to pay a fee under Sections 371.024 and 371.062, Health and Safety Code. Sec. 7.105. (a) Requires that the attorney general, on the request of the executive director, institute a suit for injunctive relief or to recover a civil penalty, or for both. (b) Requires the commission to refer a matter to the attorney general for a civil suit if there is an allegation of making an unauthorized discharge of waste into state waters without a required permit; a violation involving a facility that has been the subject of at least two administrative penalties for violations of Chapter 26 within two years of the alleged violation; operation of a new solid waste facility without a required permit; a violation involving a facility that has been the subject of at least two administrative penalties for violations of Chapter 361 of the Health and Safety Code within two years of the alleged violation; an allegation of constructing a plant without a permit required by Chapter 382; or a violation involving a facility that has been the subject of at least two administrative penalties for violations of Chapter 382 within two years of the alleged violation. (c) Provides that the suit may be brought in Travis County, in the defendant's county of residence, or in the county in which the violation occurs. Sec. 7.106. Provides that the attorney general's office and the executive director may agree to resolve any violations, before or after referral, by an administrative order with the approval of the attorney general. Sec. 7.107. Requires that civil penalties recovered in a suit brought under this section by a local government be equally divided between the state and the local government that brought the suit; clarifies that the division of fees does not apply in suits for violations of Chapter 28, Water Code, and Chapter 401, Health and Safety Code. Sec. 7.108. Allows the state, if it prevails in a suit under this section, to recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding. Sec. 7.109. (a) Provides that if it appears that a violation or a threat of violation of Section 26.121 or any rule, permit or order that affects aquatic life or wildlife, the Parks and Wildlife Department, in the same manner as the commission in this section, may have a suit instituted for injunctive relief or civil penalties or both. (b) Provides that in a suit for a violation that is the proximate cause of injury to aquatic life or wildlife taken for commercial or sport purposes or to species on which this life is directly dependant for food, Parks and Wildlife Department is entitled to recover damages for the injury; allows the court to consider in determining damages the valuation of the injured resources established in rules adopted by the Parks and Wildlife Department under Subchapter D, Chapter 12 of the Parks and Wildlife Code, or the replacement cost of the injured resources; requires that any recovery of damages for injury to aquatic life or wildlife be deposited to the credit of the game, fish, and water safety account under Section 11.032, Parks and Wildlife Code, and the Parks and Wildlife Department shall use such funds recovered under this section to replenish or enhance the injured resource. (c) Allows the actual cost of investigation, reasonable attorney's fees, and reasonable expert witness fees to be recovered, and requires that those recovered amounts be credited to the same operating accounts from which expenditures occurred. (d) Provides that the section does not limit recovery for damages available under other laws. Sec. 7.110 (a) Requires that the attorney general permit the public to comment in writing on the proposed agreement before the commission a settlement agreement is approved in an action to which the State of Texas is a party or before the court signs a judgment for an action other than an enforcement action under Section 113 or 120 or Title II of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.). (b) Requires notice of the opportunity to comment be published in the Texas Register not later than the 30th day before the date on which the public comment period closes. (c) Requires the attorney general to promptly consider written comments and allows the attorney general to withdraw or withhold consent to the proposed agreement if the comments disclose considerations that indicate that the consent is inappropriate; provides that further notice of changes to the proposed order, judgment, or other agreement must be published if those changes arise from comments submitted in response to a previous notice. (d) Prohibits the attorney general from opposing intervention by a person with standing to intervene under TRCP 60. (e) Provides that this section does not apply to criminal enforcement proceedings or temporary restraining orders, temporary injunctions, or emergency orders that are not final orders of the court or commission. (f) Provides that the Administrative Procedures Act does not apply to public comment. SUBCHAPTER E. CRIMINAL OFFENSES AND PENALTIES Sec. 7.141. Defines "appropriate regulatory agency", "corporation", "association", "large quantity generator", "medical waste", "person", "serious bodily injury", "small quantity generator". Sec. 7.142. (a) Provides that it is an offense to violate Section 11.081, 11.083, 11.084, 11.087, 11.088, 11.089, 11.090, 11.091, 11.092, 11.093, 11.094, 11.096, 11.203, or 11.205, Water Code. (b) Provides that an offense under (a)(9), (a)(10) or (a)(14) is punishable under Sec. 7.187(1)(A) or 7.187(2)(B) or both. (c) Provides that an offense under (a)(1), (a)(2), (a)(4), or (a)(6)-(a)(8) is punishable under Section 7.187(1)(A) or Sec. 7.187(2)(C) or both. (d) Provides that an offense under (a)(3) or (a)(11) is punishable under Sec. 7.187(1)(A) or 7.187(2)(D) or both. (e) Provides that an offense under (a)(5) is punishable under Sec. 7.187(1)(A) or 7.187(2)(E) or both. (f) Provides that possession of state water without a water right is prima facie evidence of a violation of Section 11.081. (g) Provides that possession or use of water on a person's land by a person without entitlement is prima facie evidence of a violation of Section 11.083. Sec. 7.143. (a) Provides that it is an offense to knowingly or intentionally violate a rule under Subchapter J, Chapter 16. (b) Provides that an offense is a Class A misdemeanor. Sec. 7.144. (a) Provides that it is an offense to violate Chapter 18 or a rule, order or permit issued thereunder. (b) Provides that an offense is a misdemeanor punishable under Sec. 7.187(1)(A) or Sec. 7.187(2)(A). Sec. 7.145. (a) Provides that a person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, discharges or permits the discharge of a waste or pollutant into water in the state that threatens to cause water pollution unless the pollutant is discharged in strict compliance with required permits or with a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that an offense under this subsection is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.146. (a) Provides that it is an offense to, acting intentionally or knowingly with respect to the person's conduct, discharges or permits the discharge of a waste or pollutant from a point source in violation of Chapter 26 or of a rule, permit, or order of the appropriate regulatory agency. (b) Provides that an offense under this subsection is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.147. (a) Provides that a person commits an offense if the person, discharges or permits the discharge of a pollutant into any water in the state that threatens to cause water pollution unless the waste or pollutant is discharged in strict compliance with all required permits or with a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that it is not necessary to prove a culpable mental state. (c) Provides that the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(D) or both. (d) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(C). Sec. 7.148. (a) Provides that a person commits an offense if the person, intentionally or knowingly tampers with or fails to use pollution control or monitoring devices, systems, methods, or practices required by Chapter 26 or a rule, permit, or order of the commission or one of its predecessor agencies unless done in strict compliance with the rule, permit, or order. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.149. (a) Provides that it is an offense to intentionally or knowingly make a false material statement, representation, or certification in, or omits or causes to be omitted material information from, an application, notice, record, report, plan, or other document, including monitoring device data, filed or required to be maintained by Chapter 26, or by a rule, permit, or order of the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.150. (a) Provides that a person commits an offense if the person intentionally or knowingly fails to notify or report to the commission as required under Chapter 26 or by a rule, permit, or order of the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.151. (a) Provides that a person commits an offense if the person intentionally or knowingly fails to pay a fee required by Chapter 26 or by a rule, permit, or order of the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(H) or Section 7.187(2)(B) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(H). Sec. 7.152. (a) Provides that a person commits an offense if the person acting intentionally or knowingly, discharges or permits the discharge of a waste or pollutant into or adjacent to water in the state and thereby knowingly places any other person in imminent danger of death or serious injury, unless the discharge is made in strict compliance with all required permits or with a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that for purposes of subsection (a), in determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious injury, the defendant is responsible only for the defendant's actual awareness or actual belief possessed. Prohibits knowledge possessed by a person other than the defendant to be attributed to the defendant. Allows circumstantial to be used to prove a defendant's actual knowledge, including evidence that the defendant took affirmative steps to be shielded from relevant information. (c) Provides that the offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(G) or both. Provides that, if an offense committed by an individual results in death or serious injury to any person, the individual may be punished under Section 7.187(1)(E) or Section 7.187(2)(I) or both. (d) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Provides that, if an offense committed by a person other than an individual under this subsection results in death or serious injury to any person, the person may be punished under Section 7.187(1)(F). Sec. 7.153. (a) Provides that it is an offense to acting intentionally or knowingly with respect to the person's conduct, discharge or permit the discharge of a waste or pollutant into water in the state, thereby placing any other person in imminent danger of death or serious injury, unless the discharge is made in strict compliance with all required permits or with a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(F) or both. Provides that, if an offense results in death or serious injury to any person, the individual may be punished under Sections 7.187(1)(E) or Section 7.187(2)(G) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Provides that, if an offense results in death or serious injury to any person, the person may be punished under Section 7.187(1)(F). Sec. 7.154. (a) Provides that a person commits an offense if the person, acting recklessly with respect to the person's conduct, discharges or permits the discharge of a waste or pollutant into or adjacent to water in the state, thereby placing any other person in imminent danger of death or serious injury, unless the discharge is made in strict compliance with all required permits or with a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. Provides that, if an offense results in death or serious injury to any person, the individual may be punished under Section 7.187(1)(D) or Section 7.187(2)(F) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Provides that, if an offense results in death or serious injury to any person, the person may be punished under Section 7.187(1)(E). Sec. 7.155. (a) Provides that it is an offense to operate, be in charge of, or be responsible for a vessel or facility causing a spill or discharge, and (1) failing to report the spill on discovery, or (2) knowingly falsifying a report on a spill or discharge. (b) A violation under (1) is a Class A misdemeanor. (c) A violation under (2) is a third-degree felony. Sec. 7.156. (a) Provides that it is an offense to fail to hold a certificate of registration; to install, repair or remove a tank without a license; to authorize the installation, repair or removal of a tank by a person without a license or certificate of registration; or to be responsible for a violation under Subchapter K of Chapter 26. (b) Provides that it is an offense to perform or supervise the installation, repair or removal of a tank without a license, or without having another person holding a license be substantially responsible for the installation, repair or removal. (c) Provides that an offense is a Class A misdemeanor. Sec. 7.157. (a) Provides that a person commits an offense if the person knowingly or intentionally violates Chapter 27, a rule of the commission, or a term, condition, or provision of a permit issued under Chapter 27. (b) Provides that the offense is punishable under Section 7.187(1)(B). Sec. 7.158. (a) Provides that is an offense to fail to plug a well within the 30 day period following an order or fails to comply with any other order issued under Chapter 28 within the 30 day period following the order if required under Chapter 28. (b) Provides that the offense is a misdemeanor punishable under Section 7.187(1)(A). Sec. 7.159. (a) Provides that a person commits an offense if the person knowingly or intentionally violates Chapter 28, a rule of the commission, or a permit issued under Chapter 28. (b) Provides that the offense is punishable under Section 7.187(1)(B). Sec. 7.160. (a) Provides that it is an offense to knowingly or intentionally violate Chapter 31, or a rule, order or permit under that chapter. (b) Provides that an offense is punishable under Sec. 7.187(1)(B). Sec. 7.161. (a) It is an offense for an operator or hauler to dispose of solid waste in a closed container at a Type IV without having a special permit, or on an unauthorized date or time, or without an inspector present. (b) Provides that an offense is a Class B misdemeanor. (c) Provides that the section does not apply to a stationary compactor holding an annual permit under Section 361.091 on certification that the contents of the compactor are free of putrescible, hazardous or infectious waste; or an enclosed vehicle of a municipality permitted to transport brush on certification that the contents are free of putrescible, hazardous or infectious waste. (d) Defines "putrescible waste". Sec. 7.162. (a) Provides that a person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct (1) transports, or causes or permits to be transported, for storage, processing, or disposal, any hazardous waste to any location that does not have all required permits; (2) stores, processes, exports, or disposes of, or causes to be stored, processed, exported, or disposed of, any hazardous waste without all permits required by the appropriate regulatory agency or in knowing violation of any material condition or requirement of a permit or of an applicable interim status rule or standard; (3) omits or causes to be omitted material information or makes or causes to be made any false material statement or representation in any application, label, manifest, record, report, permit, plan, or other document filed, maintained, or used to comply with any requirement of Chapter 361, Health and Safety Code applicable to hazardous waste; (4) generates, transports, stores, processes, or disposes of, or otherwise handles, or causes to be generated, transported, stored, processed, disposed of, or otherwise handled, hazardous waste, whether the activity took place before or after September 1, 1981, and who knowingly destroys, alters, conceals, or does not file, or causes to be destroyed, altered, concealed, or not filed, any record, application, manifest, report, or other document required to be maintained or filed to comply with the rules of the appropriate regulatory agency adopted under Chapter 361, Health and Safety Code; (5) transports without a manifest, or causes or permits to be transported without a manifest, any hazardous waste required by rules adopted under Chapter 361, Health and Safety Code to be accompanied by a manifest; (6) tampers with, modifies, disables, or fails to use required pollution control or monitoring devices, systems, methods, or practices, unless done in strict compliance with Chapter 361, Health and Safety Code or with a order, rule, or permit of the appropriate regulatory agency; (7) releases, causes, or permits the release of a hazardous waste that causes or threatens to cause pollution, unless the release is made in strict compliance with all required permits or a order, rule, or permit of the appropriate regulatory agency; or (8) fails to notify or report to the appropriate regulatory agency as required by this chapter or by a order, rule, or permit of the appropriate regulatory agency. (b) Provides that an offense under Subsection (a)(1) or (a)(2) is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(G) or both. Provides that an offense under Subsection (a)(3), (a)(4), or (a)(5) is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(E) or both. Provides that an offense under Subsection (a)(6), (a)(7), or (a)(8) is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D) or both. (c) Provides that, if it is shown on the trial of an individual that the individual previously has been convicted of the offense, an offense under Subsection (a)(1) or (a)(2) is punishable for an individual by Section 7.187(1)(C) or 7.187(2)(G) or both, and an offense under Subsection (a)(3), (a)(4), or (a)(5) is punishable for an individual by Section 7.187(1)(C) or Section 7.187(2)(F) or both. (d) Provides that an offense under Subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) is punishable for a person other than an individual under Section 7.187(1)(D). If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under Subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5), the offense is punishable by Section 7.187(1)(E). Provides that an offense under Subsection (a)(6), (a)(7), or (a)(8) is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.163. (a) It is an offense to (1) knowingly or intentionally handle hazardous waste in violation of 361, and thereby knowingly place a person in imminent danger of death or serious injury, (2) acting knowingly or intentionally with respect to conduct, to handle hazardous waste in violation of 361, and thereby knowingly place a person in imminent danger of death or serious injury, unless done pursuant to a permit (3) acting intentionally or knowingly with respect to the person's conduct, cause or permit a release of hazardous waste, hazardous waste in violation of 361, thereby knowingly place a person in imminent danger of death or serious injury, unless done pursuant to a permit or (4) acting recklessly with respect to the person's conduct, cause or permit the release of hazardous waste, and thereby knowingly place a person in imminent danger of death or serious injury, unless done pursuant to a permit. (b) An offense under (a)(1) by an individual is punishable under Sec. 7.187(1)(E) or 7.187(2)(H) or both; an offense under (a)(1) by a person other than an individual is punishable under Sec. 7.187(1)(F); an offense resulting in death or serious injury by an individual is punishable under Sec. 7.187(1)(F) or 7.187(2)(J) or both; an offense resulting in death or serious injury by a person other than an individual is punishable under Sec. 7.187(1)(G); for purposes of (a)(1) in determining whether a defendant knew that the violation placed another person in imminent danger of death or serious injury, the defendant is responsible only for his actual awareness or belief possessed, and knowledge possessed by another may not be attributed to the defendant; circumstantial evidence, including evidence of concealment, may be used to show actual knowledge. (c) An offense under (a)(2) by an individual is punishable under Sec. 7.187(1)(D) or 7.187(2)(F) or both; an offense under (a)(2) by a person other than an individual is punishable under Sec. 7.187(1)(E); an offense resulting in death or serious injury by an individual is punishable under Sec. 7.187(1)(E) or 7.187(2)(G) or both; an offense resulting in death or serious injury by a person other than an individual is punishable under Sec. 7.187(1)(F). (d) An offense under (a)(3) by an individual is punishable under Sec. 7.187(1)(D) or 7.187(2)(F) or both; an offense under (a)(3) by a person other than an individual is punishable under Sec. 7.187(1)(E); an offense resulting in death or serious injury by an individual is punishable under Sec. 7.187(1)(E) or 7.187(2)(G) or both; an offense resulting in death or serious injury by a person other than an individual is punishable under Sec. 7.187(1)(F). (e) An offense under (a)(4) by an individual is punishable under Sec. 7.187(1)(C) or 7.187(2)(D)or both; an offense under (a)(4) by a person other than an individual is punishable under Sec. 7.187(1)(E); an offense resulting in death or serious injury by an individual is punishable under Sec. 7.187(1)(E) or 7.187(2)(E) or both; an offense resulting in death or serious injury by a person other than an individual is punishable under Sec. 7.187(1)(F). Sec. 7.164. (a) Provides that a person commits an offense if the person is a large quantity generator and the person, acting intentionally or knowingly with respect to the person's conduct: (1) causes or permits to be, or generates, collects, stores, processes, exports, or disposes of, any medical waste without all permits required by the appropriate regulatory agency or in knowing violation of any material condition or requirement of a permit or of an applicable interim status rule or standard; or (2) causes or permits to be, or generates, collects, stores, treats, transports, or disposes of, or otherwise handles any medical waste, and knowingly destroys, alters, conceals, or fails to file any record, report, manifest, or other document required to be maintained or filed under rules or regulations adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(G) or both. Provides that a second offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(I) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(B). Provides that a second offense is punishable under Section 7.187(1)(C). Sec. 7.165. (a) Provides that a person commits an offense if the person is a small quantity generator and the person, acting intentionally or knowingly with respect to the person's conduct (1) generates, collects, stores, processes, exports, or disposes of, or causes or permits to be generated, collected, stored processes, exported, or disposed of, any medical waste without all permits required by the appropriate regulatory agency or in knowing violation of any material condition or requirement of a permit or of an applicable interim status rule or standard; or (2) generates, collects, stores, treats, transports, or disposes of, or causes or permits to be generated, collected, stored, treated, transported, or disposed of, or otherwise handles any medical waste, and knowingly destroys, alters, conceals, or fails to file any record, report, manifest, or other document required to be maintained or filed under rules or regulations adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(A). Provides that a second offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(C) or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(B). Provides that a second offense is punishable by Section 7.187(1)(C). Sec. 7.166. (a) Provides that a person commits an offense if the person acting intentionally or knowingly with respect to the person's conduct: (1) transports, or causes or permits to be transported, for storage, processing, or disposal, any medical waste to any location that does not have all required permits; (2) transports without a manifest, or causes or permits to be transported without a manifest, any medical waste required to be accompanied by a manifest under rules or regulations adopted by the appropriate regulatory agency; or (3) operates any vehicle transporting medical waste, or which is authorized to transport medical waste, in violation of any rule prescribed by the appropriate regulatory agency, including cleaning and safety regulations, which specifically relate to the transportation of medical waste. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(D), or both. Provides that a second offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(E), or both. (c) Provides that an offense under this subsection is punishable for a person other than an individual under Section 7.187(1)(E). Provides that a second offense is punishable under Section 7.187(1)(F). Sec. 7.167. (a) Provides that a person commits an offense if the person knowingly (1) makes a false material statement, or knowingly causes or knowingly permits to be made a false material statement, to any person who prepares any regulated medical waste label, manifest, application, permit, plan, registration, record, report, or other document required by a order, rule, or regulation of the appropriate regulatory agency; or (2) omits material information, or causes or permits material information to be omitted, from any regulated medical waste label, manifest, application, permit, plan, registration, record, report, or other document required by a order, rule, or regulation of the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(D), or both. Provides that a second offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(E), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(B). Provides that a second offense is punishable under Section 7.187(1)(C). Sec. 7.168. (a) Provides that a person commits an offense if the person acting intentionally or knowingly, the person transports, processes, stores, exports, or disposes of, or causes to be transported, processed, stored, exported, or disposed of, medical waste in violation of Chapter 361, Health and Safety Code and thereby knowingly places any other person in imminent danger of death or serious injury. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(E) or Section 7.187(2)(H), or both. Provides that, if an offense results in death or serious injury, the offense is punishable for an individual under Section 7.187(1)(F) or Section 7.187(2)(J), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(F). Provides that, if an offense results in death or serious injury, the offense is punishable under Section 7.187(1)(G). Sec. 7.169. (a) Provides that a person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, transports, processes, stores, exports, or disposes of medical waste in violation of Chapter 361, Health and Safety Code, thereby placing any other person in imminent danger of death or serious injury, unless the conduct charged is done in strict compliance with all required permits or with a order issued or rule of the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(F), or both. Provides that, if an offense results in death or serious injury, the offense is punishable for an individual under Section 7.187(1)(E) or Section 7.187(2)(G), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Provides that, if an offense results in death or serious injury, the offense is punishable under Section 7.187(1)(F). Sec. 7.170. (a) Provides that a person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, releases or causes or permits the release of a medical waste into the environment, thereby placing any other person in imminent danger of death or serious injury, unless the release is done in strict compliance with all required permits or a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that an offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(G), or both. Provides that if an offense results in death or injury, the offense is punishable for an individual under Section 7.187(1)(E) or Section 7.187(2)(G), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Provides that, if the offense results in death or serious injury, the offense is punishable under Section 7.187(1)(F). Sec. 7.171. (a) Provides that a person commits an offense by acting recklessly with respect to a person's conduct, releasing or permitting the release of a medical waste into the environment, thereby placing any other person in imminent danger of death or serious injury, unless the release is made in strict compliance with all required permits or a order issued or rule adopted by the appropriate regulatory agency. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(D), or both. Provides that if an offense results in death or serious injury, the offense is punishable for an individual under Section 7.187(1)(E) or Section 7.187(2)(E), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Provides that if an offense results in death or serious injury, the offense is punishable by Section 7.187(1)(F). Sec. 7.172. (a) Provides that a person commits an offense if the person violates Section 366.071, Health and Safety Code. (b) Provides that the offense is a Class C misdemeanor except that a second offense is punishable under Section 7.187(1)(A) or Section 7.187(2)(A), or both. Sec. 7.173. (a) Provides that a person commits an offense if the person violates a rule adopted by the commission under Chapter 366, Health and Safety Code or an order or resolution adopted by an authorized agent under Subchapter C, Chapter 366, Health and Safety Code in a county that is contiguous to an international border. (b) Provides that the offense is a Class C misdemeanor except that a second offense is punishable under Section 7.187(1)(A) or Section 7.187(2)(A), or both. Sec. 7.174. (a) Provides that a person commits an offense if the person begins to construct, alter, repair, or extend an on-site sewage disposal system owned by another person before the owner of the system obtains a permit to construct, alter, repair, or extend the on-site sewage disposal system as required by Subchapter D, Chapter 366, Health and Safety Code. (b) Provides that the offense is a Class C misdemeanor a second offense punishable under Section 7.187(1)(A) or Section 7.187(2)(A), or both. Sec. 7.175. Provides that an emergency repair to an on-site sewage disposal system without a permit in accordance with rules adopted under Section 366.012(a)(1)(C), is not an offense if a written statement is provided to the commission or its authorized agent within 72 hours of beginning the repair. Sec. 7.176. (a) Provides that a person commits an offense if the person (1) intentionally discharges used oil into a sewer, drainage system, septic tank, surface water or groundwater, watercourse, or marine water; (2) knowingly mixes or commingles used oil with solid waste that is to be disposed of in landfills or directly disposes of used oil on land or in landfills, unless the mixing or commingling of used oil with solid waste that is to be disposed of in landfills is incident to and the unavoidable result of the mechanical shredding of motor vehicles, appliances, or other items of scraps used, or obsolete metals; (3) knowingly transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil within the state in violation of standards or rules for the management of used oil; or without first complying with the registration requirements of Section 371.026, Health and Safety Code and rules adopted under that section; (4) intentionally applies used oil to roads or land for dust suppression, weed abatement, or other similar uses that introduce used oil into the environment; (5) violates an order of the commission to cease and desist any activity prohibited by this section or any rule applicable to a prohibited activity; or (6) intentionally makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of program compliance. (b) Provides that it is an exception to the application of this section if a person unknowingly disposes into the environment any used oil that has not been properly segregated or separated by the generator from other solid wastes. (c) Provides that it is an exception to the application of Subsection (a)(2) if the mixing or commingling of used oil with solid waste that is to be disposed of in landfills is incident to and the unavoidable result of the mechanical shredding of motor vehicles, appliances, or other items of scrap, used, or obsolete metals. (d) Provides that the offense is punishable under Section 7.187(1)(B) or 7.187(2)(F), or both; a second offense is punishable under Section 7.187(1)(C) or Section 7.187(2)(H), or both. Sec. 7.177. (a) Provides that a person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates: (1) Section 382.0518(a), Health and Safety Code; (2) Section 382.054, Health and Safety Code; (3) Section 382.056(a), Health and Safety Code; (4) Section 382.058(a), Health and Safety Code; or (5) an order, permit, rule, or exemption issued under Chapter 382, Health and Safety Code. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(C), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(C). Sec. 7.178. (a) Provides that a person commits an offense if the person intentionally or knowingly fails to pay a fee required by Chapter 382, Health and Safety Code or by a rule adopted or order issued under Chapter 382, Health and Safety Code. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(H) or Section 7.187(2)(B), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(H). Sec. 7.179. (a) Provides that a person commits an offense if the person intentionally or knowingly makes or causes to be made any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or does not file or maintain any notice, application, record, report, plan, or other document required to be filed or maintained by Chapter 382, Health and Safety Code or by a rule, permit or order under Chapter 382, Health and Safety Code. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.180. (a) Provides that a person commits an offense if the person intentionally or knowingly fails to notify or report to the commission as required by Chapter 382, Health and Safety Code or by a rule adopted or permit or order issued under Chapter 382, Health and Safety Code. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.181. (a) Provides that a person commits an offense if the person intentionally or knowingly tampers with, modifies, disables, or fails to use a required monitoring device; tampers with, modifies, or disables a monitoring device; or falsifies, fabricates, or omits data from a monitoring device, unless done in strict compliance with Chapter 382, Health and Safety Code or a permit, rule, variance, or other order issued by the commission. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(C) or Section 7.187(2)(D), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(D). Sec. 7.182. (a) Provides that a person commits an offense if the person recklessly, with respect to the person's conduct, emits an air contaminant that places any other person in imminent danger of death or serious injury unless the emission is made in strict compliance with Chapter 382, Health and Safety Code or a permit, rule, variance, or other order issued by the commission. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(D) or Section 7.187(2)(F), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(E). Sec. 7.183. (a) Provides that a person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, emits an air contaminant with the knowledge that the person is placing any other person in imminent danger of death or serious injury unless the emission is made in strict compliance with Chapter 382, Health and Safety Code or a permit, rule, variance, or other order issued by the commission. (b) Provides that the offense is punishable for an individual under Section 7.187(1)(E) or Section 7.187(2)(F), or both. (c) Provides that the offense is punishable for a person other than an individual under Section 7.187(1)(F). Sec. 7.184. (a) Provides that a person commits an offense if the person (1) intentionally or knowingly violates a provision of Chapter 401, Health and Safety Code other than the offense described by subdivision (2), or (2) intentionally or knowingly receives, processes, concentrates, stores, transports, or disposes of radioactive waste without a license issued under Chapter 401, Health and Safety Code. (b) Provides that an offense under Subsection (a)(1) is a Class B misdemeanor, a second offense under Subsection (a)(1)is a Class A misdemeanor. (c) Provides that an offense under Subsection (a)(2) is a Class A misdemeanor, a second offense under Subsection (a)(2)is punishable under Section 7.187((1)(D) or Section 7.187(2)(D), or both. Sec. 7.185. (a) Provides that it is an offense to knowingly or intentionally dispose of lead-acid batteries except as provided in Section 361.451, Health and Safety Code. (b) Provides that an offense is punishable as a Class A misdemeanor. Sec. 7.186. Provides that each day a person engages in conduct proscribed by this subchapter is a separate offense. Sec. 7.187. Provides that as provided in the relevant offense in Sections 7.141 - 7.186, a person convicted of an offense under this subchapter (1) may be required to pay a fine of (A) not more than $1,000; (B) not less than $100 or more than $50,000; (C) not less than $1,000 or more than $100,000; (D) not less than $1,000 or more than $250,000; (E) not less than $2,000 or more than $500,000; (F) not less than $5,000 or more than $1,000,000; (G) not less than $10,000 or more than $1,500,000; or (H) not more than twice the amount of the required fee; (2) confinement for a period not to exceed (A) 30 days; (B) 90 days; (C) 180 days; (D) one year; (E) two years; (F) five years; (G) 10 years; (H) 15 years; (I) 20 years; (J) 30 years; or both a fine and confinement. Sec. 7.188. Provides that unless the individual section specifies otherwise, if a defendant has previously been convicted of the same offense under Subchapter E, the maximum punishment is doubled with respect to both the fine and confinement. Sec. 7.189. Provides that venue for this subchapter is in the county in which the violation is alleged to have occurred; the county where the defendant resides; any county to which or through which the discharge, waste, or pollutant was transported; or Travis County. Sec. 7.190. Provides that fines recovered under this subchapter will be divided equally between the state and any local government significantly involved in prosecuting the case, except that if the court finds that the state or the local government bore significantly more of the burden of prosecution, it may apportion up to 75 percent of the fine to the government that predominantly prosecuted the case. Sec. 7.191. Provides that in addition to a sentence imposed, a person other than an individual guilty of an offense may be ordered by the court to give notice of the conviction to any person the court considers appropriate. Sec. 7.192. Requires that, on conviction under this subchapter, the clerk of the court in which the conviction is returned forward a copy of the judgment to the commission. Sec. 7.193. Provides that for purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are peace officers. Provides that these agents and employees are empowered to enforce the provisions of this subchapter the same as any other peace officer, and for such purpose shall have the powers and duties of peace officers as set forth in the Code of Criminal Procedure. Sec. 7.194. Provides that, in alleging the name of a defendant private corporation, stating in the complaint, indictment, or information the corporate name or any name or designation by which the corporation is known or may be identified will suffice. Provides that it is not necessary to allege that the defendant was lawfully incorporated. Sec. 7.195. (a) Requires that, after a complaint is filed or an indictment or information presented against a private corporation under the provisions of this subchapter, the court or clerk issue a summons to the corporation. Requires the summons to be in the same form as a capias except that (1) it must summon the corporation to appear before the court named at the place stated; (2) it must be accompanied by a certified copy of the complaint, indictment, or information; and (3) it must require the corporation to appear at or before 10 a.m. of the Monday after 20 days following service, except when service is made upon the Secretary of State, in which case the summons must require the corporation to appear at or before 10 a.m. of the Monday after the expiration of 30 days after the Secretary of State is served with the summons. (b) Provides that an individual may not be arrested on a complaint against a private corporation. Sec. 7.196. (a) Requires a peace officer to serve a summons on a private corporation by personally delivering a copy of it to the corporation's registered agent for service. If a registered agent has not been designated or cannot be found at the registered office, requires the peace officer to serve the summons by personally delivering a copy of it to the president or a vice-president of the corporation. (b) Provides that, if the peace officer certifies that he unsuccessfully attempted service under Subsection (a) or if the corporation is a foreign corporation that has no certificate of authority, he shall serve the summons on the Secretary of State by personally delivering a copy of it to him or to the assistant secretary of state or to any clerk in charge of the corporation department of his office. Provides that the Secretary of State shall immediately forward it by certified or registered mail, return receipt requested, addressed to the defendant corporation at its registered office or, if it is a foreign corporation, at its principal office in the state or country under whose law it was incorporated. (c) Requires the Secretary of State to keep a permanent record of the date and time of receipt and his disposition of each summons served under Subsection (b) together with the return receipt. Sec. 7.197. Provides that an appearance is for the purpose of arraignment; and the corporation has 10 full days after the day the arraignment takes place and before the day the trial begins to file written pleadings. Sec. 7.198. (a) Provides that in a criminal action a corporation appears through counsel or its representative. (b) Provides that, if a corporation does not appear in response to summons or appears but fails or refuses to plead, it is considered to be present in person for all purposes, and the court shall enter a plea of not guilty in its behalf and may proceed with trial, judgment, and sentencing. (c) Provides that, after appearing and entering a plea in response to summons, if a corporation is absent without good cause at any time during later proceedings, it is considered to be present in person for all purposes, and the court may proceed with trial, judgment, or sentencing. Sec. 7.199. Provides that, if a person other than an individual is found guilty of a violation of this subchapter and a fine imposed, the fine will be entered and docketed by the clerk of the court as a judgment against the person, and the fine shall be of the same effect and be enforced against the person in the same manner as if the judgment were recovered in a civil action. Sec. 7.200. Provides that conduct punishable as an offense that is also punishable under another law may be prosecuted under either law. Sec. 7.201. Provides that it is not a defense to prosecution under this subchapter that the person did not know or was not aware of a rule, order, or statute. Sec. 7.202. In determining whether an individual defendant knew that the violation placed a person in imminent danger under 7.168, 7.169, 7.170 or 7.171, the defendant is responsible only for the defendant's actual knowledge, and knowledge of another is not attributable to the defendant. Circumstantial evidence may be used to prove knowledge, including evidence of defendant's steps to conceal relevant information. SUBCHAPTER F. DEFENSES Sec. 7.251. Provides that if a person can establish that an event which would otherwise be a violation of the statutes and rules within the commission's jurisdiction was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the statutes and rules within the Commission's jurisdiction. Sec. 7.252. (a) Provides that it is an affirmative defense under Sections 7.152, 7.153, 7.154, 7.163, 7.168, 7.169, 7.170, 7.171, 7.182, or 7.183 that (1) the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of the person's occupation, business, or profession or a medical treatment or medical or scientific experimentation conducted by professionally approved methods and the person endangered had been made aware of the risks involved before giving consent, or that the person charged was an employee who was carrying out the person's normal activities and was acting under orders from the person's employer, unless the person charged engaged in knowing and wilful violations. Sec. 7.253. (a) Provides that a person responsible for solid waste is liable unless the person can establish by a preponderance of the evidence that the release or threatened release was caused solely by an act or omission of a third person and that the defendant exercised due care concerning the solid waste in light of all relevant facts and circumstances; and took precautions against foreseeable acts or omissions of the third person and the consequences that could result from those acts or omissions. (b) Provides that the defense under Subsection (a) does not apply if the third person is an employee or agent of the defendant; or has a direct or indirect contractual relationship with the defendant and the act or omission of the third person occurred in connection with the contractual relationship; defines "contractual relationship". (c) Provides that a defendant who enters into a contractual relationship as provided by Subsection (b)(2) is not liable under the statutes and rules within the commission's jurisdiction if the sole contractual relationship is acceptance for rail carriage by a common carrier under a published tariff; or the defendant acquired the property on which the facility is located, after the placement of the hazardous substance at the facility and the defendant establishes that the defendant exercised due care concerning the solid waste in light of all relevant facts and circumstances and the defendant took precautions against foreseeable acts or omissions of the third person and the consequences that could foreseeably result from those acts or omissions, or at the time the defendant acquired the facility the defendant did not know and had no reason to know that a hazardous substance was disposed of at the facility, the defendant is a governmental entity that acquired the facility by escheat, by other involuntary transfer or acquisition, or by the exercise of the power of eminent domain; or the defendant acquired the facility by inheritance or bequest. (d) Requires that to demonstrate the condition under Subsection (c)(2)(C), the defendant must have made, at the time of acquisition, appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. Requires the court in deciding whether the defendant meets this condition, to consider any specialized knowledge or experience of the defendant; the relationship of the purchase price to the value of the property if the property were uncontaminated; commonly known or reasonably ascertainable information about the property; the obvious presence or likely presence of contamination of the property; and the defendant's ability to detect the contamination by appropriate inspection. (e) Provides that the section does not affect the liability of a previous owner or operator of a facility who is liable under the statutes and rules within the commission's jurisdiction. Provides that, if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at a facility at the time the defendant owned the real property on which the facility is located and subsequently transferred ownership of the property to another person without disclosing that knowledge, the defendant is liable and a defense is not available to the defendant. (f) Provides that Subsections (c)-(e) do not affect the liability under the statutes and rules within the commission's jurisdiction of a defendant who, by an act or omission, caused or contributed to the release or threatened release of a hazardous substance that is the subject of the action concerning the facility. Sec. 7.254. Provides that it is an affirmative defense to prosecution under Sec. 7.176 where the defendant unknowingly disposed of used oil because the oil had not been properly segregated by the generator. Sec. 7.255. It is an affirmative defense to prosecution under 7.163 that the conduct complained of was freely consented to by the person endangered, and that it was a foreseeable hazard of the person's occupation or a medical treatment, and the person had been made aware of the danger. Sec. 7.256. Provides that unless otherwise specified by Chapter 7, possession of a permit does not relieve an actor from liability. SUBCHAPTER G. REVOCATION AND SUSPENSION OF PERMITS, LICENSES AND CERTIFICATES OF REGISTRATIONS Sec. 7.301. Stipulates that the definition of "license" "certificate" "registration" and "exemption" have the meanings asigned by commission rule and Defines "permit holder". Sec. 7.302. (a) Provides that section applies to permit issued under Chapter 18, 26, 27, 28 or 31 of the Water Code; Chapter 382 or Subchapter C or R of Chapter 361, Health and Safety Code, Subchapter D, Chapter 366, Health and Safety Code, Chapter 382, Health and Safety Code, or a rule adopted under any of those provisions. (b) Allows the commission, after notice and hearing, to revoke, suspend, or revoke and reissue a permit, a federal operating permit, preconstruction permit, or exemption issued under the statutes or rules within the commission's jurisdiction, for any of the following: (1) Violating any of the terms or conditions of the permit or exemption and revocation or suspension to maintain the air or water quality in the state, or to protect human health and the environment, (2) having a record of environmental violations within the past five years; (3) a discharge contravening pollution control standards set by the commission or contravening the intent of the statutes and rules within the commission's jurisdiction; (4) including a material mistake in a federal operating permit or making inaccurate statements in establishing the emissions standards or other terms or conditions of a federal operating permit; (5) Misrepresenting or failing to disclose fully all relevant facts in obtaining the permit; (6) A permit holder being indebted to the state for fees or taxes imposed by the statutes or rules within the commission's jurisdiction; (7) A permit holder failing to ensure that the management of its facility conforms or will conform to the statutes and rules within the commission's jurisdiction; (8) The permit is subject to cancellation or suspension under Section 26.084; (9) Abandoning the permit or operations under the permit; (10) The commission finds that a change in conditions requires elimination of the discharge authorized by the permit; or (11) For permits issued under Chapter 18, failing to possess qualifications necessary for issuance of the permit. Sec. 7.303. (a) Provides that the section applies to authorizations issued by the commission under Section 26.0301 and 26.459 Water Code; Chapter 18, 32, 33, and 34 Water Code, Sections 361.0861, 361.092, and 361.112 Health and Safety Code, and Chapter 366, 371 and 401, Health and Safety Code; and by counties under Subchapter E of Chapter 361, Health and Safety Code, or under any rule adopted under any of the above provisions. (b) Allows the commission, after notice and hearing, to suspend or revoke a license, certification, or registration, place on probation a person whose license, certification or registration has been suspended, reprimand a licensee certificate holder or registrant, refuse to renew or refuse to reissue a license, certificate or registration on any of the following grounds: (1) having a record of environmental violations over the preceding five years; (2) Committing fraud or deceit in obtaining a license, certification or registration; (3) Demonstrating gross negligence, incompetency, or misconduct while acting as a licensee, certificate holder or registrant; (4) Making an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the commission by the licensee, certificate holder or registrant; (5) Failing to keep and transmit records as required by the statutes or rules within the commission's jurisdiction; (6) Being indebted to the state for fees, payment of penalties, or taxes imposed by the statutes or rules within the commission's jurisdiction; (7) With respect to certificates of public convenience and necessity, failing to provide continuous and adequate service in the area, or part of the area, covered by the certificate; (8) With respect to licenses issued pursuant to Chapter 18, failing to continue to possess qualifications necessary for the issuance of an original license; (9) With respect to certificates of competency issued pursuant to Section 26.0301, violating a discharge permit of a sewage treatment plant, unless the holder of a certificate is unable to properly operate the sewage treatment facility due to the refusal of the permittee to authorize necessary expenditures to operate the sewage treatment facility properly; or failure of the sewage treatment facility to comply with its discharge permit results from faulty design of the sewage treatment facility; (10) With respect to licenses issued under Chapter 32, failing to advise a person for whom a well is being drilled that injurious water has been encountered, is a pollution hazard, and must be immediately plugged in an acceptable manner; (11) With respect to registrations issued pursuant to Chapter 366, Health and Safety Code, violating Chapter 366, Health and Safety Code or a rule adopted under that Chapter; (12) with respect to a license under Subchapter E of Chapter 361, Health and Safety Code, violating that chapter or another law relating to solid waste. Sec. 7.304. Regardless of 7.303, 7.305, and 7.306, the commission may suspend a registration or reimbursement of a processor, transporter, or recycling or energy recovery facility without notice and hearing during the pendency of an enforcement proceeding for a violation of Subchapter P. Chapter 361 or a rule or order. Sec. 7.305. Requires the commission by rule to establish procedures for public notice and any public hearing under this subchapter, including notice to a county that issued a license that is the subject of the hearing. Sec. 7.306. Provides that hearings will be held under applicable commission rules and Chapter 2001, Government Code. Sec. 7.307. Provides that, if the permittee requests or consents to the revocation or suspension of the permit, license or certification of registration, the executive director may revoke or suspend the permit, license, exemption, certification or registration without a hearing. Sec. 7.308. Provides that a proceeding under this subchapter does not affect the commission's authority to bring suit for injunctive relief or penalty or both. Sec. 7.309. Provides that if a licensee's, certificate holder's, or registrant's suspension is probated, the commission may require the licensee, certificate holder or registrant to report regularly to the commission on matters that are the basis of the probation; to limit activities to the areas prescribed by the commission; and to continue or renew professional education until the registrant attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation. Sec. 7.310. With respect to licenses, certifications, and registrations issued by a county under commission rules, the county may suspend may suspend or revoke the license, etc., as provided under 7.303. SUBCHAPTER H. SUIT BY OTHERS Sec. 7.351. Provides that, if it appears that a violation or threat of violation of Chapter 16, 26, 28 or 34, Water Code, or Chapter 341, 361, 371, 372 or 382, Health and Safety Code, within the commission's jurisdiction has occurred or is occurring in the jurisdiction of a local government, the local government or affected person, where the specific chapter so provides may institute a civil suit in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation. Sec. 7.352. Prohibits a local government from exercising the enforcement power for violations of Chapter 26, Water Code, or Chapter 382, Health and Safety Code, provided under this subchapter unless its governing body adopts a resolution authorizing the exercise of the power. Sec. 7.353. Provides that, in a suit brought by a local government under this subchapter for violations of this subchapter, the commission is a necessary and indispensable party. Sec. 7.354. Requires a penalty collected in a suit under Chapter 28, Water Code or Chapter 401, Health and Safety Code, to be paid to the state. Requires that, if the suit is brought by a local government or affected person, the court include in any final judgment in favor of the local government or affected person an award to cover reasonable costs and attorney's fees. Sec. 7.355. Allows a local government or affected person to file with the commission a written complaint for violations of Chapter 401, Health and Safety Code, and to request an investigation of an alleged violation by a person who holds a permit, federal operating permit, exemption, certificate of registration or license subject to the commission's jurisdiction. Sec. 7.356. Requires the commission to reply to the complainant in writing not later than the 60th day after the complaint is received and to provide a copy of any investigation report relevant to the complaint together with a determination of whether the alleged violation was committed. Sec. 7.357. Allows a local government or affected person to bring suit in a court of competent jurisdiction in the county in which the alleged violation occurred or is about to occur, if the commission does not have a suit filed before the 121st day after the date on which the written complaint is filed under Section 7.355. Sec. 7.358. Provides that for violations of Chapter 34 the regulatory authority of any local government may require compliance with any reasonable inspection requirements or ordinances or regulations designed to protect the public water supply and pay any reasonable fees imposed by the local government relating to work performed within its jurisdiction. SECTION 3. Amends Section 11.081, Water Code, by deleting subsections (b) through (d) which currently provide for offenses for certain unlawful uses of state water. SECTION 4. Amends Section 11.083, Water Code, by deleting subsections (c) and (d), which currently provide for offenses for certain unlawful takings of water. SECTION 5. Amends Section 11.084, Water Code, by deleting subsection (b) which currently provides for an offense for certain sales of water rights without a permit. SECTION 6. Amends Section 11.087(c), Water Code, by substituting the phrase "shall be mailed" for "need not be published, but the commission shall transmit a copy of every such order". SECTION 7. Amends Section 11.088, Water Code, by deleting subsection (b), which currently provides for an offense for destriction of waterworks facilities. SECTION 8. Amends Section 11.089, Water Code, by deleting subsection (b) which currently provides for an offense for allowing certain vegetation to make seed in certain waterways. SECTION 9. Amends Section 11.090, Water Code, by deleting subsection (b), which currently provides for an offense for polluting or littering in certain waterways. SECTION 10. Amends Section 11.091, Water Code, by deleting subsections (b) through (d), which currently provide for offenses for interference with delivery of water under contract. SECTION 11. Amends Section 11.094, Water Code, by deleting subsection (b) which provides for an offense for the use of waterworks or irrigation which has previously been declared a public nuisance. SECTION 12. Amends Section 11.096, Water Code, by deleting subsection (b), which currently provides for an offense for obstruction of certain navigable streams. SECTION 13. Amends Section 11.203, Water Code, by deleting subsection (b), which currently provides for an offense for failure to keep records for persons who drill an artesian well. SECTION 14. Amends Section 11.205, Water Code, by adding the phrase "and unlawful" after the word "waste" in the first sentence, and by deleting subsection (b) which currently provides for an offense for certain waste of water from an artesian well. SECTION 15. Amends Section 26.019, Water Code, by deleting subsection (b), which currently requires the TNRCC to set forth findings on which it bases certain special relief requested. SECTION 16. Amends Sec. 26.0191, Water Code, to reference Section 5.509; deletes prior language on emergency orders applicable to certain wastewater discharges. SECTION 17. Amends subsection (a) of Section 26.021, Water Code, to delete the reference to subsection (b) of Section 26.0191. SECTION 18. Amends subsection (a) of Section 26.022, Water Code, to reference Sections 5.501, 5.504, 5.509 and 26.176, and to delete the reference to Section 26.0191. SECTION 19. Amends Section 26.029, Water Code, by deleting language in the title relating to revocation for certain water permits; deletes the last sentence of subsection (c) and subdivisions (1) through (4); in subsection (d), deletes the reference to subsection (c); deletes subsection (e). SECTION 20. Amends Section 26.029, Water Code, by deleting language in the title relating to revocation of certain water permits; deletes the last sentence of subsection (c) and subdivisions (1) through (7); in subsection (d), deletes the reference to subsection (c); deletes subsection (e). SECTION 21. Amends Section 26.0301, Water Code, by deleting subsections (c) and (d), and renumbering subsection (e). SECTION 22. Amends Sec. 26.354, Water Code, to reference Section 5.514; deletes prior language on emergency orders applicable to storage tanks. SECTION 23. Amends Sec. 26.459, Water Code, by deleting from the title and subsection (a) language relating to denial, suspension or revocation of certain water permits; deleting subsections (b) and (c); and renumbering subsection (d). SECTION 24. Amends Sec. 27.101, Water Code, by inserting into subsection (a) language relating to the jurisdiction of the Texas Natural Resource Conservation Commission (TNRCC); adds a sentence to subsection (a) to provide that a violation of TNRCC jurisdiction is enforceable under Chapter 7; deletes from subsection (b) a reference to the executive director. SECTION 25. Amends Sec. 27.102, Water Code, by adding a new subsection (b) authorizing the TNRCC executive director to enforce provisions of Chapter 27 and authorizations thereunder as provided by Subchapter B of Chapter 7; in subsection (a) inserts language to clarify that the railroad commission may enforce provisions under its jurisdiction. SECTION 26. Amends Sec. 27.103, Water Code, by deleting a reference to the TNRCC executive director from subsection (a) relating to injection wells. SECTION 27. Amends subsection (a) of Sec. 27.105, Water Code, by deleting a reference to the commission, and clarifying that the railroad commission has authority to enforce provisions under its jurisdiction; adds a sentence providing that violations of provisions under the TNRCC's jurisdiction are enforceable under Section 7.157. SECTION 28. Amends subsection (d) of Section 361.011, Health and Safety Code, by deleting subdivision (2) relating to referrals to the attorney general for enforcement actions for solid waste disposal. SECTION 29. Amends Sec. 361.035, Health and Safety Code, by adding subsection (c) requiring penalties collected under Subchapter C or D of Chapter 7, Water Code, for late filing of reports to be deposited to the credit of the hazardous and solid waste remediation fee fund. SECTION 30. Amends Sec. 361.089, Health and Safety Code, by deleting from the titles the reference to suspension or revocation; deletes "revoke" from subsection (a) and makes associated grammatical changes; deletes from subsection (e) the phrase "suspend for not more than 90 days, or revoke"; deletes from subsection (f) the phrase "suspending or revoking"; all relate to certain solid waste disposal activities. SECTION 31. Amends Sec. 361.091, Health and Safety Code, by deleting "criminal penalty" from the title of section relating to disposal of solid waste in an enclosed or vehicle; deletes subsection (i) through (l) and renumbers the following sections. SECTION 32. Amends Sec. 361.140, Health and Safety Code, by deleting existing subsections (b) and (c), relating to payment of penalties for failure to file certain solid waste reports on time. SECTION 33. Amends Sec. 361.160, Health and Safety Code, by deleting from the title and subsections (a) and (b) the terms "revoke" and "revocation". SECTION 34. Amends subsection (a) of Sec. 361.271, Health and Safety Code, by deleting the phrase "For the purpose of this subchapter" and inserting "Unless otherwise defined in applicable statutes and rules"in section relating to certain solid waste disposal. SECTION 35. Amends Sec. 361.274, Health and Safety Code, to reference Subchapter L of Chapter 5 of the Water Code. SECTION 36. Amends Sec. 361.301, Health and Safety Code, by deleting prior language on emergency orders and including in former subsection (a) the word "permissive" between "mandatory" and "prohibitory"; includes a reference to Section 5.512 of the Water Code. SECTION 37. Amends Sec. 361.453, Health and Safety Code, by deleting the sentence relating to issuance of warnings and citations for certain violations by batery retailers; adds a reference to administrative or civil penalties available under Chapter 7, Water Code; deletes reference to a fine. SECTION 38. Amends Sec. 366.016, Health and Safety Code, to reference Section 5.517 of the Water Code for orders for on-site sewage systems; deletes prior language on emergency orders for on-site sewage systems. SECTION 39. Amends subsection (c) of Sec. 366.017, Health and Safety Code, by clarifying that penalty refers to both civil and administrative penalties for on-site sewage disposal systems; deletes reference to Chapter 341, and inserts a reference to Chapter 7, Water Code. SECTION 40. Amends Sec. 371.041, Health and Safety Code, by deleting subsections (b) though (d) relating to prohbited handling of used oil. SECTION 41. Amends Sec. 382.026, Health and Safety Code, to authorize the commission to issue emergency orders consistent with Section 5.514, Water Code relating to air emergcycies; deletes prior language on emergency orders. SECTION 42. Amends subsection (b) of Sec. 382.030 by inserting a reference to Sec. 5.504, Water Code, and deleting references to Sections 382.026. SECTION 43. Amends subsection (e) of Sec. 382.031, Health and Safety Code, to delete a reference to Section 382.026 and 382.063. SECTION 44. Amends Sec. 382.063, Health and Safety Code, to authorize the commission to issue emergency orders consistent with Section 5.515 of the Water Code; deletes prior language on emergency orders relating to catastrophes; reletters subsection (j). SECTION 45. Amends Sec. 382.085 by deleting from the title the reference to civil penalties; deletes subsections (c) and (d) relating to penalties for violations of certain air emissions violations. SECTION 46. Amends subsection (a) of Sec. 401.054, Health and Safety Code, by deleting the reference to the commission, and by substituting for the word "agency" the word "department". SECTION 47. Amends Sec. 401.270, Health and Safety Code, by deleting subsections (b), (c), (d) and (f) relating to emergncy orders for radioactive waste; adds a new subsection (c) authorizing the commission to issue emergency orders under Section 5.517, Water Code; reletters the remaining subsections. SECTION 48. Amends Sec. 401.341, Health and Safety Code, by deleting the words "or commission". SECTION 49. Amends Sec. 401.342, Health and Safety Code, by deleting from subsection (a) the reference to the commission, and in subsections (a) and (b) substituting for "requesting agency" the word "department" to take away certain abilities of TNRCC to invoke the assistance of the attorney general. SECTION 50. Amends Sec. 401.343, Health and Safety Code, by deleting from subsection (a) the reference to the commission, and in subsections (a) and (b) substituting for the word "agency" the word "department". SECTION 51. Amends subsection (a) of Sec. 401.381, Health and Safety Code, by deleting the words "or commission". SECTION 52. Amends Sec. 401.384, Health and Safety Code, by deleting from subsection (a) the reference to the commission, and in subsections (a) and (c) substituting for the word "agency" the word "department". SECTION 53. Amends Sec. 401.385, Health and Safety Code, by deleting the reference to the commission, and substituting for the word "agency" the word "department". SECTION 54. Amends subsection (a) of Sec. 401.386, Health and Safety Code, by deleting the reference to the commission. SECTION 55. Amends Sec. 401.387, Health and Safety Code, by deleting the references to the commission. SECTION 56. Amends Sec. 401.388, Health and Safety Code, by deleting the references to the commission. SECTION 57. Amends Sec. 401.389, Health and Safety Code, by deleting the references to the commission. SECTION 58. Amends Sec. 401.390, Health and Safety Code, by deleting the references to the commission. SECTION 59. Amends Subchapter J, Chapter 401, Health and Safety Code by adding a new Sec. 401.393 authorizing the commission to enforce under Chapter 7, Water Code, provisions within its jurisdiction. SECTION 60. Repealer. SECTION 61. The Act takes effect September 1, 1997. SECTION 62. Savings Clause. (a) Provides that changes in law relating to offenses or penalties apply only to offenses committed on or after the effective date; provides that an offense is committed before the effective date if any element of the offense occurs before that date; provides that offenses occurring before the effective date are covered by present law, and that present law is continued for purposes of offenses committed before the effective date. (b) Provides that changes relating to administrative or civil penalties, or revocation of an authorization applies only to violations occurring on or after the effective date; provides that offenses occurring before the effective date are covered by present law, and that present law is continued for purposes of offenses committed before the effective date. SECTION 63. Emergency Clause. EXPLANATION OF AMENDMENTS The Committee Amendment makes the following changes: First, the amendment corrects several erroneous drafting references and makes several language clarifications. The amendment also removes TNRCC enforcement authority and authority to issue emergency orders relating to by-product material from recovery and processing of radioactive source material (regulation of uranium mines) if jurisdiction for regulation of uranium mines is transferred from TNRCC to the Texas Department of Health by the 75th Legislature.