By Bivins                                       S.B. No. 1876

      75R9275 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to consolidating all enforcement authority of the Texas

 1-3     Natural Resource Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  REPEALER.  The following laws are repealed:

 1-6           (a)  the following provisions of the Water Code: Sections

 1-7     11.082, 11.095, 11.139, 11.148, 12.141, 13.411, 13.412, 13.413,

 1-8     13.4131, 13.4132, 13.4133, 13.414, 13.415, 13.4151, 13.416, 13.417,

 1-9     13.418, 13.419, 13.505, 16.352, 16.353, 16.354, 16.356, 18.121,

1-10     18.171, 18.172, 26.016, 26.020, 26.122, 26.123, 26.124, 26.125,

1-11     26.126, 26.132, 26.133, 26.136, 26.134, 26.211, 26.212, 26.2121,

1-12     26.2125, 26.2126, 26.213, 26.214, 26.216, 26.217, 26.218, 26.219,

1-13     26.220, 26.221, 26.222, 26.223, 26.224, 26.225, 26.226, 26.227,

1-14     26.268, 26.459, 26.460, 27.101, 27.1011, 27.1012, 27.1013, 27.1014,

1-15     27.1015, 27.102, 27.103, 27.104, 27.105, 28.013, 28.061, 28.062,

1-16     28.063, 28.064, 28.065, 28.066, 28.067, 31.019, 32.010, 32.011,

1-17     32.012, 32.015, 33.008, 33.009, 33.010, 33.013, 34.010, 34.011,

1-18     34.012, 34.013, 34.014.

1-19           (b)  the following provisions of the Health and Safety Code:

1-20     Sections 341.047, 341.048, 341.049, 341.050, 341.091, 341.092,

1-21     361.164, 361.160, 361.198, 361.221, 361.2215, 361.222, 361.2225,

1-22     361.2226, 361.223, 361.224, 361.225, 361.226, 361.227, 361.228,

1-23     361.229, 361.230, 361.231, 361.232, 361.233, 361.234, 361.235,

1-24     361.251, 361.252, 361.272, 361.273, 361.274, 361.275, 361.280,

 2-1     361.301, 361.302, 361.303, 361.455, 361.456, 361.483, 361.4831,

 2-2     361.4832, 361.489, 361.491, 361.540, 361.560, 361.562, 361.5625,

 2-3     361.563, 361.564, 361.565, 361.566, 361.567, 366.015, 366.016,

 2-4     366.077, 366.091, 366.092, 366.0921, 366.0922, 366.0923, 366.0924,

 2-5     366.093, 370.009, 371.041, 371.042, 371.043, 371.044, 371.045,

 2-6     372.004, 372.005, 382.005, 382.026, 382.059, 382.081, 382.083,

 2-7     382.084, 382.086, 382.087, 382.088, 382.089, 382.090, 382.091,

 2-8     382.092, 382.093, 382.094, 382.095, 382.096, 382.114, 401.056,

 2-9     401.342, 401.381, 401.382, 401.383, 401.384, 401.385, 401.386,

2-10     401.387, 401.388, 401.389, 401.390, 401.391, 401.392.

2-11           SECTION 2.  AMENDMENT.  Subtitle A, Title 2, Water Code, is

2-12     amended by adding Chapter 7 to read as follows:

2-13                   SUBCHAPTER A.  ENFORCEMENT AUTHORITY. 

2-14           Sec. 7.001.  AUTHORITY.  The commission has authority to

2-15     initiate an action under this subchapter to enforce certain

2-16     provisions of this code and the Health and Safety Code within the

2-17     jurisdiction of the commission as provided by Section 5.013 and

2-18     rules adopted under those provisions.  The commission or the

2-19     executive director may institute legal proceedings to compel

2-20     compliance with the relevant provisions of this Code and the Health

2-21     and Safety Code, rules, orders, permits or other decisions of the

2-22     commission.

2-23           Sec. 7.002.  ENFORCEMENT REPORT.  The commission shall

2-24     prepare a report on enforcement actions taken and the resolution of

2-25     those actions at least once each month.  The report must be an item

2-26     for commission discussion at a meeting of the commission for which

2-27     public notice is given.  If an enforcement action involves a suit

 3-1     filed for injunctive relief or civil penalties or both, the report

 3-2     must state the actual or projected time for resolution of the suit.

 3-3     Copies of the report and minutes of the meeting reflecting action

 3-4     taken by the commission relating to the report shall be filed with

 3-5     the governor and the attorney general.

 3-6                (Sections 7.003-7.010 reserved for expansion

 3-7               SUBCHAPTER B.  EMERGENCY AND TEMPORARY ORDERS;

 3-8                    CORRECTIVE ACTION; INJUNCTIVE RELIEF

 3-9           Sec. 7.011  EMERGENCY AND TEMPORARY ORDERS AND PERMITS;

3-10     TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS.  (a)  The

3-11     commission may issue temporary or emergency mandatory, permissive,

3-12     or prohibitory orders, temporarily issue permits by temporary or

3-13     emergency order, or temporarily suspend or amend permit conditions

3-14     by temporary or emergency order.

3-15           (b)  The commission may issue an emergency order under this

3-16     subchapter after providing the notice and opportunity for hearing

3-17     that the commission considers practicable under the circumstances,

3-18     or with no notice or hearing. Except as provided by Section 7.013,

3-19     if the commission requires notice and hearing before issuing the

3-20     order, notice shall be given not later than the l0th day before the

3-21     date set for the hearing. The commission shall give notice not less

3-22     than 20 days before the date set for a hearing on a temporary

3-23     order.

3-24           (c)  The commission may delegate the authority by order or

3-25     rule to the executive director to receive applications and issue

3-26     emergency orders without notice or hearing, and to authorize a

3-27     representative or representatives in writing to act in his stead,

 4-1     under this subchapter.

 4-2           (d)  Any person other than the executive director or his

 4-3     representative who desires an emergency or temporary order under

 4-4     this subchapter must submit a sworn written application to the

 4-5     commission. The application must contain:

 4-6                 (1)  a description of the condition of emergency or

 4-7     other condition justifying the issuance of the order;

 4-8                 (2)  a statement setting forth facts which support the

 4-9     findings required under this subchapter;

4-10                 (3)  an estimate of the dates on which the proposed

4-11     order should begin and end;

4-12                 (4)  a description of the action sought and activity

4-13     proposed to be allowed, mandated, or prohibited; and

4-14                 (5)  any other statements or information required by

4-15     this subchapter or by the commission.

4-16           (e)  If the commission or the executive director or his

4-17     representative issues an emergency order under this subchapter

4-18     without a hearing, the order shall set a time and place for a

4-19     hearing to be held before the commission or its designee as soon

4-20     after the order is issued as practicable.

4-21           (f)  At or following the hearing, the commission shall

4-22     affirm, modify, or set aside the emergency order.  A hearing to

4-23     affirm, modify, or set aside an emergency order shall be conducted

4-24     in accordance with Chapter 2001, Government Code and commission

4-25     rules.  Commission rules concerning hearings to affirm, modify, or

4-26     set aside emergency orders must include provisions for presentation

4-27     of evidence by the applicant under oath, presentation of rebuttal

 5-1     evidence, and cross-examination of witnesses.

 5-2           (g)  An emergency or temporary order issued under this

 5-3     subchapter must be limited to a reasonable time specified by the

 5-4     order. The term of an emergency order may not exceed 120 days.

 5-5           (h)  Notice of the issuance of an emergency order shall be

 5-6     provided in accordance with commission rules.

 5-7           (i)  Government Code, Chapter 2001 does not apply to the

 5-8     issuance of an emergency order or permit under this subchapter

 5-9     without a hearing.

5-10           (j)  The statutes under which the commission acts and which

5-11     require notice of hearing or set procedures for the issuance of

5-12     permits do not apply to a hearing on an emergency order or permit

5-13     unless they specifically require notice for emergency orders, but

5-14     such general notice of the hearing shall be given that in the

5-15     judgment of the commission is practicable under the circumstances.

5-16           (k)  An emergency or temporary order issued under this

5-17     subchapter does not vest in the permittee any rights and shall

5-18     expire and be canceled in accordance with its terms.

5-19           Sec. 7.012.  EMERGENCY PERMITS FOR DIVERSION AND USE OF

5-20     WATER.  (a)  The commission may, by emergency order, grant an

5-21     emergency permit for the diversion and use of water if it finds

5-22     that emergency conditions exist which threaten the public health,

5-23     safety, and welfare and which override the necessity to comply with

5-24     established statutory procedures.

5-25           Sec. 7.013.  EMERGENCY SUSPENSION OF PERMIT CONDITIONS

5-26     RELATING TO BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND

5-27     INSTREAM USES.  (a)  The commission may, by emergency or temporary

 6-1     order, suspend permit conditions relating to beneficial inflows to

 6-2     affected bays and estuaries and instream uses when the commission

 6-3     finds that an emergency exists and cannot practicably be resolved

 6-4     in other ways.

 6-5           (b)  Before the commission suspends a permit condition under

 6-6     this section, written notice must be given to the Parks and

 6-7     Wildlife Department of the proposed suspension.  The commission

 6-8     shall give the Parks and Wildlife Department an opportunity to

 6-9     submit comments on the proposed suspension within 72 hours from

6-10     such time and shall consider those comments before issuing an order

6-11     imposing the suspension.

6-12           (c)  The commission may suspend permit conditions under this

6-13     section without notice to any other interested party other than the

6-14     Parks and Wildlife Department as provided by Subsection (c).

6-15     However, all affected persons shall be notified immediately by

6-16     publication, and a hearing to determine whether the suspension

6-17     should be affirmed, modified, or set aside shall be held.

6-18           Sec. 7.014.  EMERGENCY WORKS SAFETY ORDERS.  (a)  The

6-19     commission may issue an emergency order, either mandatory or

6-20     prohibitory in nature, directing the owner of a dam, levee, or

6-21     other water-storage or flood-control work to repair, modify,

6-22     maintain, dewater, or remove a work if the commission finds that

6-23     the existing condition of the work is creating or will cause

6-24     extensive or severe property damage or economic loss to others or

6-25     is posing an immediate and serious threat to human life or health

6-26     and that other procedures available to the commission to remedy or

6-27     prevent the occurrence will result in unreasonable delay.

 7-1           Sec. 7.015.  EMERGENCY ORDERS TO COMPEL WATER OR SEWER

 7-2     SERVICE.  The commission may issue an emergency order:

 7-3           (a)  to compel a water or sewer service provider that has

 7-4     obtained or is required to obtain a certificate of public

 7-5     convenience and necessity to provide continuous and adequate water

 7-6     service, sewer service, or both, if it finds that the

 7-7     discontinuance of the service is imminent or has occurred because

 7-8     of the service provider's actions or failure to act;

 7-9           (b)  to compel a retail public utility to provide an

7-10     emergency interconnection with a neighboring retail public utility

7-11     for the provision of temporary water or sewer service, or both, if

7-12     it finds that service discontinuance or serious impairment in

7-13     service is imminent or has occurred; and

7-14           (c)  to establish reasonable compensation for temporary

7-15     service required under Subsection (b) and to allow the retail

7-16     public utility receiving the service to make a temporary adjustment

7-17     to its rate structure to ensure proper payment.

7-18           Sec. 7.016.  EMERGENCY ORDERS FOR OPERATION OF UTILITY THAT

7-19     DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.

7-20     The commission may issue an emergency order appointing a willing

7-21     person to temporarily manage and operate a utility under Section

7-22     13.4132 if notice is mailed or hand-delivered to the last known

7-23     address of the utility's headquarters.

7-24           Sec. 7.017.  EMERGENCY ORDERS FOR RATE INCREASES IN CERTAIN

7-25     SITUATIONS.  Notwithstanding the requirements of Section 13.187,

7-26     the commission may authorize an emergency rate increase for a

7-27     utility for which a person has been appointed under Section 7.016

 8-1     or Section 13.4132 or for which a receiver has been appointed under

 8-2     Section 13.412 if the increase is necessary to ensure the provision

 8-3     of continuous and adequate services to the utility's customers.

 8-4           Sec. 7.018.  TEMPORARY AND EMERGENCY ORDERS AND

 8-5     AUTHORIZATIONS TO DISCHARGE UNTREATED OR PARTIALLY TREATED WATER.

 8-6     (a)  The commission may issue an emergency or temporary order

 8-7     relating to the discharge of waste or pollutants into or adjacent

 8-8     to water in this state when this is necessary to enable action to

 8-9     be taken more expeditiously than is otherwise provided by Chapter

8-10     26 to effectuate the policy and purposes of that chapter, if it

8-11     finds that:

8-12                 (1)  the discharge is unavoidable to prevent loss of

8-13     life, serious injury, severe property damage, or severe economic

8-14     loss, or to make necessary and unforeseen repairs to a facility;

8-15                 (2)  there are no feasible alternatives to the proposed

8-16     discharge;

8-17                 (3)  the discharge will not cause significant hazard to

8-18     human life and health, unreasonable damage to the property of

8-19     persons other than the applicant, or unreasonable economic loss to

8-20     persons other than the applicant; and

8-21                 (4)  the discharge will not present a significant

8-22     hazard to the uses that will be made of the receiving water after

8-23     the discharge.

8-24           (b)  A person desiring a temporary or emergency order under

8-25     this section must submit an application to the commission under

8-26     Section 7.011(d), which must also contain the following:

8-27                 (1)  a statement of the volume and quality of the

 9-1     proposed discharge;

 9-2                 (2)  an explanation of the measures proposed to

 9-3     minimize the volume and duration of the discharge; and

 9-4                 (3)  an explanation of the measures proposed to

 9-5     maximize the waste treatment efficiency of units not taken out of

 9-6     service or facilities provided for interim use.

 9-7           Sec. 7.019.  EMERGENCY ORDERS CONCERNING UNDERGROUND OR

 9-8     ABOVE-GROUND STORAGE TANKS.  (a)  The commission may issue an

 9-9     emergency order to the owner or operator of an underground or

9-10     aboveground storage tank regulated under Chapter 26 of this code,

9-11     prohibiting the owner from allowing or continuing a release or

9-12     threatened release and requiring the owner to take the actions

9-13     necessary to eliminate the release or threatened release, if it

9-14     finds that:

9-15                 (1)  there is an actual or threatened release of a

9-16     regulated substance; and

9-17                 (2)  more expeditious action than is otherwise provided

9-18     under Chapter 26 is necessary to protect the public health or

9-19     safety or the environment from harm.

9-20           (b)  An emergency order issued under this section shall be:

9-21                 (1)  mailed by certified mail, return receipt

9-22     requested, to each person identified in the order;

9-23                 (2)  hand delivered to each person identified in the

9-24     order; or

9-25                 (3)  on failure of service by certified mail or hand

9-26     delivery, served by publication one time in the Texas Register and

9-27     one time in a newspaper with general circulation in each county in

 10-1    which any of such persons has a last known address.

 10-2          Sec. 7.020.  EMERGENCY ADMINISTRATIVE ORDERS TO PERSONS

 10-3    RESPONSIBLE FOR SOLID WASTE.  The commission or executive director

 10-4    may issue emergency administrative orders under Section 361.272 and

 10-5    Section 361.274, Health and Safety Code.

 10-6          Sec. 7.021.  EMERGENCY ORDERS CONCERNING ACTIVITIES OF SOLID

 10-7    WASTE MANAGEMENT.  The commission may issue an emergency order

 10-8    concerning an activity of solid waste management under its

 10-9    jurisdiction, even if that activity is not covered by a permit, if

10-10    it finds that an emergency requiring immediate action to protect

10-11    the public health and safety exists.

10-12          Sec. 7.022.  ORDERS ISSUED UNDER AIR EMERGENCIES.  (a)  If

10-13    the commission finds that a generalized condition of air pollution

10-14    exists that creates an emergency requiring immediate action to

10-15    protect human health or safety, it may, with the concurrence of the

10-16    governor, issue an emergency order requiring any person causing or

10-17    contributing to the air pollution to immediately reduce or

10-18    discontinue the emission of air contaminants.

10-19          (b)  If the commission finds that emissions from one or more

10-20    sources are causing imminent danger to human health or safety, but

10-21    that there is not a generalized condition of air pollution under

10-22    Subsection (a), it may issue an emergency order requiring the

10-23    persons responsible for the emissions to immediately reduce or

10-24    discontinue the emissions.

10-25          (c)  The commission shall affirm, modify, or set aside an

10-26    order issued under this section not later than 24 hours after the

10-27    hearing begins and without adjournment of the hearing.

 11-1          (d)  This section does not limit any power that the governor

 11-2    or other officer may have to declare an emergency and to act on the

 11-3    basis of that declaration if the power is conferred by law or

 11-4    inheres in the office.

 11-5          Sec. 7.023.  ISSUANCE OF EMERGENCY ORDER BECAUSE OF

 11-6    CATASTROPHE.  (a)  The commission may issue an emergency order

 11-7    authorizing immediate action for the addition, replacement, or

 11-8    repair of facilities or control equipment necessitated by a

 11-9    catastrophe occurring in this state and the emission of air

11-10    contaminants during the addition, replacement, or repair of those

11-11    facilities, if the actions and emissions are otherwise precluded

11-12    under Chapter 382, Health and Safety Code, if it finds that:

11-13                (1)  the construction and emissions are essential to

11-14    prevent loss of life, serious injury, severe property damage, or

11-15    severe economic loss not attributable to the applicant's actions

11-16    and are necessary for the addition, replacement or repair of a

11-17    facility or control equipment necessitated by the catastrophe;

11-18                (2)  there are no practicable alternatives to proposed

11-19    construction and emissions; and

11-20                (3)  the emissions will not cause or contribute to air

11-21    pollution.

11-22          (b)  An order issued under this section must:

11-23                (1)  authorize action only on:

11-24                      (A)  property on which catastrophe occurred; or

11-25                      (B)  other property that is owned by the owner or

11-26    operator of the damaged facility and that produces the same

11-27    intermediates, products, or byproducts; and

 12-1                (2)  contain a schedule for submission of a complete

 12-2    application under Section 382.051, Health and Safety Code.

 12-3          (c)  Under Subsection (b)(1)(B), the person applying for an

 12-4    emergency order must demonstrate that there will be no more than a

 12-5    de minimis increase in the predicted concentration of air

 12-6    contaminants at or beyond the property line of the other property.

 12-7    The commission shall review and act on an application submitted as

 12-8    provided by Subsection (b)(2) without regard to construction

 12-9    activity under an order under this section.

12-10          (d)  An applicant desiring a temporary or emergency order

12-11    under this section must submit a sworn application to the

12-12    commission under 7.011(d) which must also contain the following:

12-13                (1)  a description of the catastrophe;

12-14                (2)  a statement that:

12-15                      (A)  the construction and emissions are essential

12-16    to prevent loss of life, serious injury, severe property damage, or

12-17    severe economic loss not attributable to the applicant's actions

12-18    and are necessary for the addition, replacement or repair of a

12-19    facility or control equipment necessitated by the catastrophe;

12-20                      (B)  there are no practicable alternatives to

12-21    proposed construction and emissions; and

12-22                      (C)  the emissions will not cause or contribute

12-23    to air pollution.

12-24                (3)  estimate of the dates on which the proposed

12-25    construction or emissions, or both, will begin and end;

12-26                (4)  an estimate of the date on which the facility will

12-27    begin operation; and

 13-1                (5)  a description of the quantity and type of air

 13-2    contaminants proposed to be emitted.

 13-3          (e)  In this section, "catastrophe" means an unforeseen

 13-4    event, including an act of God, an act of war, severe weather,

 13-5    explosions, fire, or similar occurrences beyond the reasonable

 13-6    control of the operator that makes a facility or its related

 13-7    appurtenances inoperable.

 13-8          Sec. 7.024.  EMERGENCY ORDERS UNDER SECTION 401.056, HEALTH

 13-9    AND SAFETY CODE.  The commission may issue an emergency order under

13-10    Section 401.056, Health and Safety Code in the manner provided in

13-11    this subchapter.

13-12          Sec. 7.025.  EMERGENCY ORDERS FOR CORRECTIVE ACTION AND

13-13    MEASURES.  (a)  The commission may issue an emergency order under

13-14    Section 401.270, Health and Safety Code to a person responsible for

13-15    an activity, including a past activity, concerning the recovery or

13-16    processing of source material or the disposal of by-product

13-17    material requiring any action, including a corrective measure, that

13-18    is necessary to correct or remove the threat, if it finds that

13-19    by-product material or the operation by which that by-product

13-20    material is derived threatens the public health and safety and the

13-21    environment, regardless of whether the activity was lawful at the

13-22    time.

13-23          (b)  An emergency order may be issued under this section to:

13-24                (1)  restrain the person from allowing or continuing

13-25    the release; and

13-26                (2)  require the person to take any action necessary to

13-27    provide and implement an environmentally sound remedial action plan

 14-1    designed to eliminate the release or threatened release.

 14-2          (c)  An emergency order issued under this section shall be:

 14-3                (1)  mailed by certified mail, return receipt

 14-4    requested, to each person identified in the order;

 14-5                (2)  hand delivered to each person identified in the

 14-6    order; or

 14-7                (3)  on failure of service by certified mail or hand

 14-8    delivery, served by publication one time in the Texas Register and

 14-9    one time in a newspaper with general circulation in each county in

14-10    which any of such persons has a last known address.

14-11          (d)  If the order is adopted without notice or hearing, the

14-12    order shall set a time, at least 10 but not more than 30 days

14-13    following the date of issuance of the order, for a hearing to be

14-14    held to affirm, modify, or set aside the order. All provisions of

14-15    the order shall remain in effect during the pendency of the

14-16    hearing, unless otherwise altered by the commission.

14-17          Sec. 7.026.  TEMPORARY EMERGENCY TRANSFER OF USE OF SURFACE

14-18    WATER RIGHT.  (a)  The commission may temporarily transfer the use

14-19    of all or part of a surface water right from an owner holding a

14-20    permit or certificate of adjudication for other than domestic or

14-21    municipal use to a city or utility for domestic or municipal use by

14-22    emergency order if it finds that a drought emergency exists which

14-23    threatens the public health, safety, and welfare or the environment

14-24    and which cannot practicably be resolved in other ways.

14-25          (b)  An order issued under this section must be conditioned

14-26    upon the deposit by the applicant with the executive director of a

14-27    bond or other surety sufficient in the opinion of the executive

 15-1    director or commission to discharge the city or utility's potential

 15-2    liability under this section.

 15-3          (c)  An applicant desiring an emergency order under this

 15-4    section must submit a sworn application to the commission under

 15-5    7.011(d), which must also contain the following:

 15-6                (1)  a description of the condition of drought

 15-7    emergency;

 15-8                (2)  a statement that:

 15-9                      (A)  the order sought is essential to prevent a

15-10    danger to the public health, safety, and welfare or the environment

15-11    not attributable to the applicant's actions;

15-12                      (B)  there are no practicable alternatives to the

15-13    proposed order; and

15-14                (3)  a statement, in a form acceptable to the executive

15-15    director and legally binding on the applicant, that the applicant

15-16    will timely pay the amounts for which the applicant may be

15-17    potentially liable under this section and will fully indemnify and

15-18    hold harmless the state, the executive director, and the commission

15-19    from any and all liability for the order sought.

15-20          (d)  The city or utility to whom the temporary use of part or

15-21    all of a surface water right is transferred is liable to the owner

15-22    from whom the use is transferred for the fair market value of the

15-23    water transferred as well as for any damages proximately caused by

15-24    the transfer of use.

15-25          (e)  If the city or utility and the water right owner do not

15-26    agree on the amount due, or if full payment is not made, within 60

15-27    days of the termination of an order issued under this section,

 16-1    either may file suit to recover or determine the amount due in a

 16-2    district court in the county where the diversion point or points of

 16-3    the water right whose use in being transferred is located.

 16-4          (f)  The prevailing party in a suit filed under this section

 16-5    is entitled to recover reasonable attorneys' fees.

 16-6          Sec. 7.027.  CORRECTIVE ACTION.  (a)  The commission shall

 16-7    require corrective action for a release of hazardous waste or

 16-8    hazardous waste constituents from a solid waste management unit at

 16-9    a solid waste processing, storage, or disposal facility that is

16-10    required to obtain a permit for the management of hazardous waste

16-11    and whose permit is issued after November 8, 1984, regardless of

16-12    when the waste is placed in the unit.

16-13          (b)  The commission shall establish schedules for compliance

16-14    for the corrective action, if the corrective action cannot be

16-15    completed before permit issuance, and shall require assurances of

16-16    financial responsibility for completing the corrective action.

16-17          (c)  If, before the issuance of a permit, the commission

16-18    determines that there is or has been a release of hazardous waste

16-19    into the environment from a facility required to obtain a permit in

16-20    accordance with an approved state program under Section 3006 of the

16-21    federal Solid Waste Disposal Act, as amended by the Resource

16-22    Conservation and Recovery Act of 1976, as amended (42 U.S.C.

16-23    Section 6901 et seq.), the commission may:

16-24                (1)  issue an order requiring corrective action or

16-25    other response measures considered necessary to protect human

16-26    health or the environment; or

16-27                (2)  institute a civil action under Subchapter D.

 17-1          (d)  An order issued under this section:

 17-2                (1)  may include a suspension or revocation of

 17-3    authorization to operate;

 17-4                (2)  must state with reasonable specificity the nature

 17-5    of the required corrective action or other response measure; and

 17-6                (3)  must specify a time for compliance.

 17-7          (e)  If any person named in the order does not comply with

 17-8    the order, the agency issuing the order may assess a penalty in

 17-9    accordance with this chapter.

17-10          Sec. 7.028.  INJUNCTIVE RELIEF.  (a)  The executive director

17-11    may enforce any valid commission rule, or any term, condition, or

17-12    provision of a permit issued by the commission by injunction or

17-13    other appropriate remedy.

17-14          (b)  If it appears that a violation or threat of violation of

17-15    a provision of this code or the Health and Safety Code within the

17-16    commission's jurisdiction, or any rule or order adopted under the

17-17    commission's jurisdiction has occurred or is about to occur and is

17-18    causing or may cause immediate injury or constitutes a significant

17-19    threat to the health, welfare, or personal property of a citizen or

17-20    a local government, the commission, the local government, or the

17-21    state may bring suit in district court for injunctive relief to

17-22    restrain the violation or the threat of violation.

17-23          (c)  The suit shall be brought either in the county in which

17-24    the defendant resides or in the county in which the violation or

17-25    threat of violation occurs.

17-26          (d)  In any suit brought to enjoin a violation or threat of

17-27    violation of this chapter or any rule, permit, or order of the

 18-1    commission, the court may grant the commission, without bond or

 18-2    other undertaking, any prohibitory or mandatory injunction the

 18-3    facts may warrant, including temporary restraining orders, after

 18-4    notice and hearing, temporary injunctions, and permanent

 18-5    injunctions.

 18-6          (e)  On request of the executive director, the attorney

 18-7    general or the prosecuting attorney in a county in which the

 18-8    violation occurs shall initiate a suit in the name of the state for

 18-9    injunctive relief.  The suit may be brought independently of or in

18-10    conjunction with a suit under Subchapter D.

18-11                  SUBCHAPTER C.  ADMINISTRATIVE PENALTIES

18-12          Sec. 7.031.  PENALTY FOR VIOLATIONS.  The commission may

18-13    assess an administrative  penalty against a person as provided by

18-14    this section if:

18-15          (a)  the person violates:

18-16                (1)  any provision of this code or the Health and

18-17    Safety Code that is within the commission's jurisdiction;

18-18                (2)  a rule or order adopted by the commission that is

18-19    within the commission's jurisdiction; or

18-20                (3)  a permit or registration issued by the commission

18-21    under the statutes and rules within the commission's jurisdiction;

18-22    and

18-23          (b)  no county, political subdivision, or municipality has

18-24    instituted a lawsuit and is diligently prosecuting that lawsuit

18-25    under Subchapter I against the same person for the same violation.

18-26          Sec. 7.032.  MAXIMUM PENALTY.  The amount of the penalty for

18-27    violations of Chapters 13, 18, 32, 33, 34 of this code and Chapters

 19-1    341, 366, 371, and 372 of the Health and Safety Code may not exceed

 19-2    $2,500 a day for each violation.  The amount of the penalty for all

 19-3    other violations within the jurisdiction of the commission to

 19-4    enforce may not exceed $10,000 a day for each violation.  Each day

 19-5    that a continuing violation occurs may be considered a separate

 19-6    violation.  The commission may authorize an installment payment

 19-7    schedule for administrative orders issued under this section,

 19-8    except in administrative orders issued under Section 7.037, or

 19-9    orders issued after a hearing under Section 7.038.

19-10          Sec. 7.033.  FACTORS.  In determining the amount of the

19-11    penalty, the commission shall consider:

19-12          (a)  the nature, circumstances, extent, duration, and gravity

19-13    of the prohibited act with special emphasis on the impairment of

19-14    existing water rights or hazard or potential hazard created to the

19-15    health or safety of the public;

19-16          (b)  the impact of the violation on:

19-17                (1)  air quality in the region;

19-18                (2)  a receiving stream or underground water reservoir;

19-19                (3)  instream uses, water quality, aquatic and wildlife

19-20    habitat, or beneficial freshwater inflows to bays and estuaries; or

19-21                (4)  affected persons;

19-22          (c)  with respect to the alleged violator:

19-23                (1)  the history and extent of previous violations;

19-24                (2)  the degree of culpability, including whether the

19-25    violation was attributable to mechanical or electrical failures and

19-26    whether the violation could have been reasonably anticipated and

19-27    avoided;

 20-1                (3)  the demonstrated good faith, including actions

 20-2    taken by the alleged violator to rectify the cause of the violation

 20-3    and to compensate affected persons;

 20-4                (4)  economic benefit gained through the violation; and

 20-5                (5)  the amount necessary to deter future violations;

 20-6    and

 20-7          (d)  any other matters that justice may require.

 20-8          Sec. 7.034.  REPORT.  If, after examination of a possible

 20-9    violation and the facts surrounding that possible violation, the

20-10    executive director concludes that a violation has occurred, the

20-11    executive director may issue a preliminary report pursuant to

20-12    commission rules.

20-13          Sec. 7.035.  NOTICE OF REPORT.  Not later than the 10th day

20-14    after the date on which the report is issued, the executive

20-15    director shall give written notice of the report to the person

20-16    charged with the violation pursuant to commission rules.

20-17          Sec. 7.036.  CONSENT.  Not later than the 20th day after the

20-18    date on which notice is received, the person charged may give to

20-19    the commission written consent to the executive director's report,

20-20    including the recommended penalty, or make a written request for a

20-21    hearing.

20-22          Sec. 7.037.  DEFAULT.  If the person charged with the

20-23    violation consents to the penalty recommended by the executive

20-24    director or does not timely respond to the notice, the commission

20-25    by order shall assess the penalty or order a hearing to be held on

20-26    the findings and recommendations in the executive director's

20-27    report.  If the commission assesses the penalty, the commission

 21-1    shall give written notice to the person charged of its decision.

 21-2          Sec. 7.038.  HEARING.  If the person charged requests or the

 21-3    commission orders a hearing, the commission shall order and shall

 21-4    give notice of the hearing. The commission by order may find that a

 21-5    violation has occurred and may assess a penalty, may find that a

 21-6    violation has occurred but that no penalty should be assessed, or

 21-7    may find that no violation has occurred.  In making a penalty

 21-8    decision, the commission shall analyze each factor prescribed by

 21-9    Section 7.033.  All proceedings under this subchapter are subject

21-10    to Chapter 2001, Government Code.

21-11          Sec. 7.039.  DECISION.  The commission shall give notice of

21-12    its decision to the person charged, and if the commission finds

21-13    that a violation has occurred and assesses a penalty, the

21-14    commission shall give written notice to the person charged of:

21-15          (a)  the commission's findings;

21-16          (b)  the amount of the penalty;

21-17          (c)  the right to judicial review of the commission's order;

21-18    and

21-19          (d)  other information required by law.

21-20          Sec. 7.040.  NOTICE OF PENALTY.  If the commission is

21-21    required to give notice of a penalty under Section 7.037 or Section

21-22    7.039, the commission shall file notice of its decision in the

21-23    Texas Register not later than the 10th day after the date on which

21-24    the decision is adopted.

21-25          Sec. 7.041.  PAYMENT.  Within the 30-day period immediately

21-26    following the date on which the commission's order is final, as

21-27    provided by Section 2001.144, Government Code, the person charged

 22-1    with the penalty shall:

 22-2          (a)  pay the penalty in full;

 22-3          (b)  pay the first installment penalty payment in full;

 22-4          (c)  pay the penalty and file a petition for judicial review,

 22-5    contesting either the amount of the penalty or the fact of the

 22-6    violation or contesting both the fact of the violation and the

 22-7    amount of the penalty; or

 22-8          (d)  without paying the penalty, file a petition for judicial

 22-9    review contesting the occurrence of the violation and the amount of

22-10    the penalty.

22-11          Sec. 7.042.  STAYS.  Within the 30-day period, a person who

22-12    acts under Section 7.041(c) may:

22-13          (a)  stay enforcement of the penalty by:

22-14                (1)  paying the amount of the penalty to the court for

22-15    placement in an escrow account; or

22-16                (2)  giving to the court a supersedeas bond that is

22-17    approved by the court for the amount of the penalty and that is

22-18    effective until all judicial review of the commission's order is

22-19    final; or

22-20          (b)  request the court to stay enforcement of the penalty by:

22-21                (1)  filing with the court a sworn affidavit of the

22-22    person stating that the person is financially unable to give the

22-23    supersedeas bond; and

22-24                (2)  sending a copy of the affidavit to the executive

22-25    director by certified mail.

22-26          Sec. 7.043.  CONSENT TO AFFIDAVIT.  If the executive director

22-27    receives a copy of an affidavit under Section 7.041(b), the

 23-1    executive director may file with the court, within five days after

 23-2    the date the copy is received, a contest to the affidavit.  The

 23-3    court shall hold a hearing on the facts alleged in the affidavit as

 23-4    soon as practicable and shall stay the enforcement of the penalty

 23-5    on finding that the alleged facts are true.  The person who files

 23-6    an affidavit has the burden of proving that the person is

 23-7    financially unable to pay the penalty or give the supersedeas bond.

 23-8          Sec. 7.044.  JUDICIAL REVIEW.  Judicial review of the order

 23-9    or decision of the commission assessing the penalty shall be under

23-10    Subchapter G, Chapter 2001, Government Code.

23-11          Sec. 7.045.  PENALTY REDUCED OR NOT ASSESSED.  (a)  If the

23-12    person paid the penalty and the if the penalty is reduced or not

23-13    assessed by the court, the executive director shall remit to the

23-14    person charged the appropriate amount plus accrued interest if the

23-15    penalty has been paid or shall execute a release of the bond if a

23-16    supersedeas bond has been posted.

23-17          (b)  The accrued interest on amounts remitted by the

23-18    executive director under this section shall be paid at a rate equal

23-19    to the rate charged on loans to depository institutions by the New

23-20    York Federal Reserve Bank and shall be paid for the period

23-21    beginning on the date the penalty is paid to the executive director

23-22    under Section 7.041 and ending on the day the penalty is remitted.

23-23          Sec. 7.046.  REFERRAL TO ATTORNEY GENERAL.  A person who

23-24    fails to comply with Section 7.041 waives the right to judicial

23-25    review, and the commission or the executive director may refer the

23-26    matter to the attorney general for enforcement.

23-27          Sec. 7.047.  SUPPLEMENTAL ENVIRONMENTAL PROJECTS.  (a)  The

 24-1    commission may compromise, modify, or remit, with or without

 24-2    conditions, a civil penalty imposed under this subchapter.  In

 24-3    determining the appropriate amount of a penalty for settlement of

 24-4    an administrative enforcement matter, the commission, in its

 24-5    discretion, may consider the willingness of a respondent to

 24-6    contribute to supplemental environmental projects that are approved

 24-7    by the commission, giving preference to those projects that benefit

 24-8    the community in which the alleged violation occurred.

 24-9          (b)  In this section, "supplemental environmental project"

24-10    means a project that prevents pollution, reduces the amount of

24-11    pollutants reaching the environment, enhances the quality of the

24-12    environment, or contributes to public awareness of environmental

24-13    matters.   The term does not include projects that are necessary to

24-14    bring the respondent into compliance with environmental laws or

24-15    that are necessary to remediate the environmental harm caused by

24-16    the alleged violation.

24-17          Sec. 7.048.  FULL AND COMPLETE SATISFACTION.  Payment of a

24-18    penalty under this subchapter is full and complete satisfaction of

24-19    the violation for which the administrative penalty is assessed and

24-20    precludes any other civil or criminal penalty for the same

24-21    violation.

24-22          Sec. 7.049.  GENERAL REVENUE FUND.  A penalty collected under

24-23    this subchapter shall be deposited in the state treasury to the

24-24    credit of the general revenue fund.

24-25          Sec. 7.050.  RESERVATIONS.  Notwithstanding any other

24-26    provision to the contrary, the commission is not required to make

24-27    findings of fact or conclusions of law, other than an uncontested

 25-1    finding that the commission has jurisdiction in an agreed order

 25-2    compromising or settling an alleged violation of this chapter.  An

 25-3    agreed administrative order may include a reservation that:

 25-4          (a)  the order is not an admission of a violation of the

 25-5    provisions of this code or the Health and Safety Code within the

 25-6    jurisdiction of the commission or a rule adopted under those

 25-7    provisions;

 25-8          (b)  the occurrence of a violation is in dispute; or

 25-9          (c)  the order is not intended to become a part of a party's

25-10    or a facility's compliance history.

25-11          Sec. 7.051.  INADMISSIBILITY.  An agreed administrative order

25-12    issued by the commission under this subchapter shall not be

25-13    admissible against a party to that order in a civil proceedings,

25-14    unless the proceeding is brought by the attorney general's office

25-15    to:

25-16          (a)  enforce the terms of that order; or

25-17          (b)  pursue violations of this code or the Health and Safety

25-18    Code.

25-19          Sec. 7.052.  CIVIL ACTIONS.  An administrative penalty owed

25-20    under this section may be recovered in a civil action brought by

25-21    the attorney general at the request of the commission.

25-22          Sec. 7.053.  CORRECTIVE ACTION.  If a person violates any

25-23    statute or rule within the commission's jurisdiction, the

25-24    commission may:

25-25          (a)  assess against the person an administrative penalty

25-26    under this section; and

25-27          (b)  order the person to take corrective action.

 26-1          Sec. 7.054.  SUBPOENA.  For enforcement matters arising under

 26-2    Chapter 34, the commission may compel the attendance of witnesses

 26-3    before it as in civil cases in the district court by issuance of a

 26-4    subpoena.

 26-5          Sec. 7.055.  PUBLICATION.  (a)  Before the commission

 26-6    approves an administrative order or proposed agreement to settle an

 26-7    administrative enforcement action initiated under this chapter to

 26-8    which the commission is a party, the commission shall permit the

 26-9    public to comment in writing on the proposed order or agreement.

26-10    Notice of the opportunity to comment shall be published in the

26-11    Texas Register not later than the 30th day before the date on which

26-12    the public comment period closes.

26-13          (b)  The commission shall promptly consider any written

26-14    comments and may withdraw or withhold consent to the proposed order

26-15    or agreement if the comments disclose facts or considerations that

26-16    indicate that the consent is inappropriate, improper, inadequate,

26-17    or inconsistent with the requirements of the provisions of this

26-18    code and the Water Code within the commission's jurisdiction.  No

26-19    further notice of changes to the proposed order or agreement must

26-20    be published if those changes arise from comments submitted in

26-21    response to a previous notice.

26-22          (c)  This section does not apply to criminal enforcement

26-23    proceedings and does not apply to emergency orders or other

26-24    emergency relief that is not a final order of the commission.

26-25          (d)  Chapter 2001, Government Code, does not apply to public

26-26    comment under this section.

26-27                      SUBCHAPTER D.  CIVIL PENALTIES

 27-1          Sec. 7.071.  VIOLATION.  A person may not cause, suffer,

 27-2    allow, or permit a violation of a provision of a statute within the

 27-3    commission's jurisdiction or a rule, order, permit, license, or

 27-4    certificate adopted under the commission's jurisdiction.

 27-5          Sec. 7.072.  MAXIMUM PENALTY.  A person who causes, suffers,

 27-6    allows, or permits a violation under the statutes, rules, orders,

 27-7    permits, certificates, or licenses relating to Chapters 13, 18, 32,

 27-8    33 and 34 of this code and Chapters 341, 366, 371, and 372 of the

 27-9    Health and Safety Code shall be assessed for each violation a civil

27-10    penalty up to $5,000 for each day of each violation as the court or

27-11    jury considers proper.  A person who causes, suffers, allows, or

27-12    permits a violation under the statutes, rules, orders, permits,

27-13    certificates, or licenses relating to all other violations within

27-14    the commission's jurisdiction to enforce shall be assessed for each

27-15    violation a civil penalty up to $25,000 for each day of each

27-16    violation as the court or jury considers proper.  Each day of a

27-17    continuing violation is a separate violation.

27-18          Sec. 7.073.  CONTINUING VIOLATIONS.  If it is shown on a

27-19    trial of the defendant that the defendant has previously been

27-20    assessed a civil penalty under this section within a year before

27-21    the date on which the violation being tried occurred, the defendant

27-22    shall be assessed a civil penalty up to $25,000 for each subsequent

27-23    day and for each subsequent violation.  Each day of a continuing

27-24    violation is a separate violation.

27-25          Sec. 7.074.  CIVIL SUIT.  On the request of the executive

27-26    director or the commission, the attorney general shall institute a

27-27    suit in the name of the state for injunctive relief under Section

 28-1    7.014 to recover a civil penalty, or for both injunctive relief and

 28-2    a civil penalty.  The suit may be brought in Travis County, in the

 28-3    county in which the defendant resides, or in the county in which

 28-4    the violation or threat of violation occurs.

 28-5          Sec. 7.075.  RESOLUTION THROUGH ADMINISTRATIVE ORDER.  The

 28-6    attorney general's office and the executive director may agree to

 28-7    resolve any violations, before or after referral, by an

 28-8    administrative order issued by the commission with the approval of

 28-9    the attorney general.

28-10          Sec. 7.076.  DIVISION OF CIVIL PENALTIES.  Civil penalties

28-11    recovered in a suit brought under this section by a local

28-12    government shall be equally divided between:

28-13          (a)  the state; and

28-14          (b)  the local government that brought the suit.

28-15          Sec. 7.077.  ATTORNEY'S FEES.  If the state prevails in a

28-16    suit under this section, it may recover reasonable attorney's fees,

28-17    court costs, and reasonable investigative costs incurred in

28-18    relation to the proceeding.

28-19          Sec. 7.078.  PARKS AND WILDLIFE DEPARTMENT JURISDICTION.

28-20    Whenever it appears that a violation or a threat of violation of

28-21    any provision of Section 26.121 or any rule, permit or order of the

28-22    commission has occurred or is occurring that affects aquatic life

28-23    or wildlife, the Parks and Wildlife Department, in the same manner

28-24    as the commission in this section, may have a suit instituted in a

28-25    district court for injunctive relief or civil penalties or both, as

28-26    authorized by this section, against the person who committed or is

28-27    committing or threatening to commit the violation.  In a suit

 29-1    brought under this section for a violation that is the proximate

 29-2    cause of injury to aquatic life or wildlife normally taken for

 29-3    commercial or sport purposes or to species on which this life is

 29-4    directly dependent for food, Parks and Wildlife Department is

 29-5    entitled to recover damages for the injury.  In determining

 29-6    damages, the court may consider the valuation of the injured

 29-7    resources established in rules adopted by the Parks and Wildlife

 29-8    Department under Subchapter D, Chapter 12 of the Parks and Wildlife

 29-9    Code, or the replacement cost of the injured resources.  Any

29-10    recovery of damages for injury to aquatic life or wildlife shall be

29-11    deposited to the credit of the game, fish, and water safety account

29-12    under Section 11.032, Parks and Wildlife Code, and the Parks and

29-13    Wildlife Department shall use such funds recovered under this

29-14    section to replenish or enhance the injured resource.  The actual

29-15    cost of investigation, reasonable attorney's fees, and reasonable

29-16    expert witness fees may also be recovered, and those recovered

29-17    amounts shall be credited to the same operating accounts from which

29-18    expenditures occurred.  This section does not limit recovery for

29-19    damages available under other laws.

29-20          Sec. 7.079.  PUBLICATION.  (a)  Before the commission

29-21    approves an agreed final judgment, consent order, voluntary

29-22    settlement agreement, or other voluntary settlement agreement, or

29-23    other voluntary agreement that would finally settle a civil

29-24    enforcement action initiated under this chapter to which the State

29-25    of Texas is a party or before the court signs a judgment or other

29-26    agreement settling a judicial enforcement action other than an

29-27    enforcement action under Section 113 or 120 or Title II of the

 30-1    federal Clean Air Act (42 U.S.C. Section 7401 et seq.), the

 30-2    attorney general shall permit the public to comment in writing on

 30-3    the proposed order, judgment, or other agreement.

 30-4          (b)  Notice of the opportunity to comment shall be published

 30-5    in the Texas Register not later than the 30th day before the date

 30-6    on which the public comment period closes.

 30-7          (c)  The attorney general shall promptly consider any written

 30-8    comments and may withdraw or withhold consent to the proposed

 30-9    order, judgment, or other agreement if the comments disclose facts

30-10    or considerations that indicate that the consent is inappropriate,

30-11    improper, inadequate, or inconsistent with the requirements of this

30-12    chapter.  No further notice of changes to the proposed order,

30-13    judgment, or other agreement must be published if those changes

30-14    arise from comments submitted in response to a previous notice.

30-15          (d)  The attorney general may not oppose intervention by a

30-16    person who has standing to invervene, as provided by Rule 60, Texas

30-17    Rules of Civil Procedure.

30-18          (e)  This section does not apply to criminal enforcement

30-19    proceedings and does not apply to proposed temporary restraining

30-20    orders, temporary injunctions, emergency orders, or other emergency

30-21    relief that is not a final judgment or final order of the court or

30-22    commission.

30-23          (f)  Chapter 2001, Government Code, does not apply to public

30-24    comment under this section.

30-25              SUBCHAPTER E.  CRIMINAL OFFENSES AND PENALTIES

30-26          Sec. 7.101.  DEFINITIONS.  In this subchapter:

30-27    (a)  "Appropriate regulatory agency" means the Texas Natural

 31-1    Resource Conservation Commission, the Texas Department of Health,

 31-2    or any other agency authorized to regulate the handling and

 31-3    disposal of medical waste.

 31-4          (b)  "Corporation" and "association" have the meanings

 31-5    assigned by Section 1.07, Penal Code, except that the terms do not

 31-6    include a government.

 31-7          (c)  "Large quantity generator" means a person who generates

 31-8    more than 50 pounds of medical waste per month.

 31-9          (d)  "Medical waste" includes animal waste, bulk blood and

31-10    blood products, microbiological waste, pathological waste, sharps,

31-11    and special waste from health care-related facilities as those

31-12    terms are defined in 25 Texas Administrative Code Section 1.132

31-13    (Tex. Dept. Of Health, Definition, Treatment, and Disposition of

31-14    Special Waste from Health Care-Related Facilities).  The term does

31-15    not include medical waste produced on farmland and ranchland as

31-16    defined in Section 252.001(6), Agriculture Code.

31-17          (e)  "Person" means an individual, corporation, company,

31-18    association, firm, partnership, joint stock company, foundation,

31-19    institution, trust, society, union, or any other association of

31-20    individuals.

31-21          (f)  "Serious bodily injury" has the meaning assigned by

31-22    Section 1.07, Penal Code;

31-23          (g)  "Small quantity generator" means a person who generates

31-24    50 pounds or less of medical waste per month.

31-25          Sec. 7.102.  VIOLATION OF CHAPTER 13.  (a)  A person commits

31-26    an offense if the person wilfully and knowingly violates Chapter

31-27    13.

 32-1          (b)  An offense under this section is a felony of the third

 32-2    degree.

 32-3          Sec. 7.103.  INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE.

 32-4    (a)  A person commits an offense if the person, acting

 32-5    intentionally or knowingly with respect to the person's conduct,

 32-6    discharges or permits the discharge of a waste or pollutant into or

 32-7    adjacent to water in the state that causes or threatens to cause

 32-8    water pollution unless the waste or pollutant is discharged in

 32-9    strict compliance with all required permits or with a valid and

32-10    currently effective order issued or rule adopted by the appropriate

32-11    regulatory agency.

32-12          (b)  An offense under this section is punishable for an

32-13    individual under Section 7.138(c) or Section 7.139(d) or both.

32-14          (c)  An offense under this subsection is punishable for a

32-15    person other than an individual under Section 7.138(c).

32-16          7.104.  DISCHARGE FROM POINT SOURCE.  (a)  A person commits

32-17    an offense if the person, acting intentionally or knowingly with

32-18    respect to the person's conduct, discharges or permits the

32-19    discharge of a waste or pollutant from a point source in violation

32-20    of Chapter 26 or of a rule, permit, or order of the appropriate

32-21    regulatory agency.

32-22          (b)  An offense under this subsection is punishable for an

32-23    individual under Section 7.138(c) or Section 7.139(d) or both.

32-24          (c)  An offense under this section is punishable for a person

32-25    other than an individual under Section 7.138(c).

32-26          Sec. 7.105.  UNAUTHORIZED DISCHARGE.  (a)  A person commits

32-27    an offense if the person, discharges or permits the discharge of

 33-1    any waste or pollutant into any water in the state that causes or

 33-2    threatens to cause water pollution unless the waste or pollutant is

 33-3    discharged in strict compliance with all required permits or with a

 33-4    valid and currently effective order issued or rule adopted by the

 33-5    appropriate regulatory agency.

 33-6          (b)  An offense under this section may be prosecuted without

 33-7    alleging or proving any culpable mental state.

 33-8          (c)  An offense under this section is punishable for an

 33-9    individual under Section 7.138(c) or Section 7.139(d) or both.

33-10          (d)  An offense under this section is punishable for a person

33-11    other than an individual under Section 7.138(c).

33-12          Sec. 7.106.  FAILING TO PROPERLY USE POLLUTION CONTROL

33-13    MEASURES.  (a)  A person commits an offense if the person,

33-14    intentionally or knowingly tampers with, modifies, disables, or

33-15    fails to use pollution control or monitoring devices, systems,

33-16    methods, or practices required by Chapter 26 or a rule, permit, or

33-17    order of the commission or one of its predecessor agencies unless

33-18    done in strict compliance with the rule, permit, or order.

33-19          (b)  An offense under this section is punishable for an

33-20    individual under Section 7.138(b) or Section 7.139(d) or both.

33-21          (c)  An offense under this section is punishable for a person

33-22    other than an individual under Section 7.138(c).

33-23          Sec. 7.107.  FALSE STATEMENT.  (a)  A person commits an

33-24    offense if the person intentionally or knowingly makes or causes to

33-25    be made a false material statement, representation, or

33-26    certification in, or omits or causes to be omitted material

33-27    information from, an application, notice, record, report, plan, or

 34-1    other document, including monitoring device data, filed or required

 34-2    to be maintained by Chapter 26, or by a rule, permit, or order of

 34-3    the appropriate regulatory agency.

 34-4          (b)  An offense under this section is punishable for an

 34-5    individual under Section 7.138(b) or Section 7.139(d) or both.

 34-6          (c)  An offense under this section is punishable for a person

 34-7    other than an individual under Section 7.138(c).

 34-8          Sec. 7.108.  FAILURE TO NOTIFY OR REPORT.  (a)  A person

 34-9    commits an offense if the person intentionally or knowingly fails

34-10    to notify or report to the commission as required under Chapter 26

34-11    or by a rule, permit, or order of the appropriate regulatory

34-12    agency.

34-13          (b)  An offense under this section is punishable for an

34-14    individual under Section 7.138(b) or Section 7.139(d) or both.

34-15          (c)  An offense under this section is punishable for a person

34-16    other than an individual under Section 7.138(c).

34-17          Sec. 7.109.  FAILURE TO PAY FEE.  (a)  A person commits an

34-18    offense if the person intentionally or knowingly fails to pay a fee

34-19    required by Chapter 26 or by a rule, permit, or order of the

34-20    appropriate regulatory agency.

34-21          (b)  An offense under this section is punishable for an

34-22    individual under Section 7.138(g) or Section 7.139(b) or both.

34-23          (c)  An offense under this section is punishable for a person

34-24    other than an individual under Section 7.138(g).

34-25          Sec. 7.110.  VIOLATION RELATING TO KNOWING OR INTENTIONAL

34-26    UNAUTHORIZED DISCHARGE AND ENDANGERMENT.  (a)  A person commits an

34-27    offense if the person acting intentionally or knowingly, discharges

 35-1    or permits the discharge of a waste or pollutant into or adjacent

 35-2    to water in the state and thereby knowingly places any other person

 35-3    in imminent danger of death or serious bodily injury, unless the

 35-4    discharge is made in strict compliance with all required permits or

 35-5    with a valid and currently effective order issued or rule adopted

 35-6    by the appropriate regulatory agency.

 35-7          (b)  For purposes of subsection (a), in determining whether a

 35-8    defendant who is an individual knew that the violation placed

 35-9    another person in imminent danger of death or serious bodily

35-10    injury, the defendant is responsible only for the defendant's

35-11    actual awareness or actual belief possessed.  Knowledge possessed

35-12    by a person other than the defendant may not be attributed to the

35-13    defendant.  To prove a defendant's actual knowledge, circumstantial

35-14    evidence may be used, including evidence that the defendant took

35-15    affirmative steps to be shielded from relevant information.

35-16          (c)  An offense under this section is punishable for an

35-17    individual under Section 7.138(d) or Section 7.139(g) or both.  If

35-18    an offense committed by an individual under this section results in

35-19    death or serious bodily injury to any person, the individual may be

35-20    punished under Section 7.138(e) or Section 7.139(i) or both.

35-21          (d)  An offense under this section is punishable for a person

35-22    other than an individual under Section 7.138(e).  If an offense

35-23    committed by a person other than an individual under this

35-24    subsection results in death or serious bodily injury to any person,

35-25    the person may be punished under Section 7.138(f).

35-26          Sec. 7.111.  VIOLATION RELATING TO UNAUTHORIZED DISCHARGE AND

35-27    INTENTIONAL OR KNOWING ENDANGERMENT.  (a)  A person commits an

 36-1    offense if the person, acting intentionally or knowingly with

 36-2    respect to the person's conduct, discharges or permits the

 36-3    discharge of a waste or pollutant into or adjacent to water in the

 36-4    state, thereby placing any other person in imminent danger of death

 36-5    or serious bodily injury, unless the discharge is made in strict

 36-6    compliance with all required permits or with a valid and currently

 36-7    effective order issued or rule adopted by the appropriate

 36-8    regulatory agency.

 36-9          (b)  An offense under this section is punishable for an

36-10    individual under Section 7.138(c) or Section 7.139(f) or both.  If

36-11    an offense committed by an individual under this section results in

36-12    death or serious bodily injury to any person, the individual may be

36-13    punished under Sections 7.138(d) or Section 7.139(g) or both.

36-14          (c)  An offense under this section is punishable for a person

36-15    other than an individual under Section 7.138(d).  If an offense

36-16    committed by a person other than an individual under this section

36-17    results in death or serious bodily injury to any person, the person

36-18    may be punished under Section 7.138(g).

36-19          Sec. 7.112.  VIOLATION RELATING TO RECKLESS UNAUTHORIZED

36-20    DISCHARGE AND ENDANGERMENT.  (a)  A person commits an offense if

36-21    the person, acting recklessly with respect to the person's conduct,

36-22    discharges or permits the discharge of a waste or pollutant into or

36-23    adjacent to water in the state, thereby placing any other person in

36-24    imminent danger of death or serious bodily injury, unless the

36-25    discharge is made in strict compliance with all required permits or

36-26    with a valid and currently effective order issued or rule adopted

36-27    by the appropriate regulatory agency.

 37-1          (b)  An offense under this section is punishable for an

 37-2    individual under Section 7.138(c) or Section 7.139(d) or both.  If

 37-3    an offense committed by an individual under this section results in

 37-4    death or serious bodily injury to any person, the individual may be

 37-5    punished under Section 7.138(d) or Section 7.139(f) or both.

 37-6          (c)  An offense under this section is punishable for a person

 37-7    other than an individual under Section 7.138(d).  If an offense

 37-8    committed by a person other than an individual under this section

 37-9    results in death or serious bodily injury to any person, the person

37-10    may be punished under Section 7.138(e).

37-11          Sec. 7.113.  VIOLATION RELATING TO INJECTION WELLS.  (a)  A

37-12    person commits an offense if the person knowingly or intentionally

37-13    violates Chapter 27, a rule of the commission, or a term,

37-14    condition, or provision of a permit issued under Chapter 27.

37-15          (b)  An offense under this section is punishable under

37-16    Section 7.138(a).

37-17          Sec. 7.114.  VIOLATION RELATING TO WATER WELLS AND DRILLED OR

37-18    MINED SHAFTS.  (a)  A person commits an offense if the person

37-19    knowingly or intentionally violates Chapter 28, a rule of the

37-20    commission, or a term, condition, or provision of a permit issued

37-21    under Chapter 28.

37-22          (b)  An offense under this section is punishable under

37-23    Section 7.138(a).

37-24          Sec. 7.115.  VIOLATIONS RELATING TO PUBLIC DRINKING WATER AND

37-25    WATER SUPPLIES.  (a)  A person commits an offense if the person:

37-26                (1)  violates a provision of Section 341.031, Health

37-27    and Safety Code;

 38-1                (2)  violates a provision of Section 341.032(a) or (b),

 38-2    Health and Safety Code;

 38-3                (3)  violates a provision of Section 341.033(a)-(f),

 38-4    Health and Safety Code;

 38-5                (4)  constructs a drinking water supply system without

 38-6    submitting completed plans and specifications as required by

 38-7    Section 341.035(a), Health and Safety Code;

 38-8                (5)  establishes a drinking water supply system without

 38-9    the commission's approval as required by Section 341.035(a), Health

38-10    and Safety Code;

38-11                (6)  violates a provision of Section 341.035(b) or (c),

38-12    Health and Safety Code;

38-13                (7)  fails to remove a sign as required by Section

38-14    341.035(e), Health and Safety Code; or

38-15                (8)  violates a provision of Section 341.036, Health

38-16    and Safety Code;

38-17          (b)  An offense under this section is a Class C misdemeanor

38-18    punishable under Section 7.138(a).

38-19          (c)  If it is shown on the trial of the defendant that the

38-20    defendant has been convicted of an offense under this section

38-21    within a year before the date on which the offense being tried

38-22    occurred, the subsequent offense under this section is a Class B

38-23    misdemeanor.

38-24          Sec. 7.116.  VIOLATIONS RELATING TO HAZARDOUS WASTE.  (a)  A

38-25    person commits an offense if the person, acting intentionally or

38-26    knowingly with respect to the person's conduct:

38-27                (1)  transports, or causes or permits to be

 39-1    transported, for storage, processing, or disposal, any hazardous

 39-2    waste to any location that does not have all required permits;

 39-3                (2)  stores, processes, exports, or disposes of, or

 39-4    causes to be stored, processed, exported, or disposed of, any

 39-5    hazardous waste without all permits required by the appropriate

 39-6    regulatory agency or in knowing violation of any material condition

 39-7    or requirement of a permit or of an applicable interim status rule

 39-8    or standard;

 39-9                (3)  omits or causes to be omitted material information

39-10    or makes or causes to be made any false material statement or

39-11    representation in any application, label, manifest, record, report,

39-12    permit, plan, or other document filed, maintained, or used to

39-13    comply with any requirement of Chapter 361, Health and Safety Code

39-14    applicable to hazardous waste;

39-15                (4)  generates, transports, stores, processes, or

39-16    disposes of, or otherwise handles, or causes to be generated,

39-17    transported, stored, processed, disposed of, or otherwise handled,

39-18    hazardous waste, whether the activity took place before or after

39-19    September 1, 1981, and who knowingly destroys, alters, conceals, or

39-20    does not file, or causes to be destroyed, altered, concealed, or

39-21    not filed, any record, application, manifest, report, or other

39-22    document required to be maintained or filed to comply with the

39-23    rules of the appropriate regulatory agency adopted under Chapter

39-24    361, Health and Safety Code;

39-25                (5)  transports without a manifest, or causes or

39-26    permits to be transported without a manifest, any hazardous waste

39-27    required by rules adopted under Chapter 361, Health and Safety Code

 40-1    to be accompanied by a manifest;

 40-2                (6)  tampers with, modifies, disables, or fails to use

 40-3    required pollution control or monitoring devices, systems, methods,

 40-4    or practices, unless done in strict compliance with Chapter 361,

 40-5    Health and Safety Code or with a valid and currently effective

 40-6    order, rule, or permit of the appropriate regulatory agency;

 40-7                (7)  releases, causes, or permits the release of a

 40-8    hazardous waste that causes or threatens to cause pollution, unless

 40-9    the release is made in strict compliance with all required permits

40-10    or a valid and currently effective order, rule, or permit of the

40-11    appropriate regulatory agency; or

40-12                (8)  fails to notify or report to the appropriate

40-13    regulatory agency as required by this chapter or by a valid and

40-14    currently effective order, rule, or permit of the appropriate

40-15    regulatory agency.

40-16          (b)  An offense under Subsection (a)(1) or (a)(2) is

40-17    punishable for an individual under Section 7.138(a) or Section

40-18    7.139(g) or both.  An offense under Subsection (a)(3), (a)(4), or

40-19    (a)(5) is punishable for an individual under Section 7.138(a) or

40-20    Section 7.139(e) or both.  An offense under Subsection (a)(6),

40-21    (a)(7), or (a)(8) is punishable for an individual under Section

40-22    7.138(b) or Section 7.139(d) or both.

40-23          (c)  If it is shown on the trial of an individual that the

40-24    individual previously has been convicted of an offense under this

40-25    section, an offense under Subsection (a)(1) or (a)(2) is punishable

40-26    for an individual by Section 7.138(b) or 7.139(g) or both, and an

40-27    offense under Subsection (a)(3), (a)(4), or (a)(5) is punishable

 41-1    for an individual by Section 7.138(b) or Section 7.139(f) or both.

 41-2          (d)  An offense under Subsection (a)(1), (a)(2), (a)(3),

 41-3    (a)(4), or (a)(5) is punishable for a person other than an

 41-4    individual under Section 7.138(c).  If it is shown on the trial of

 41-5    a person other than an individual that the person previously has

 41-6    been convicted of an offense under Subsection (a)(1), (a)(2),

 41-7    (a)(3), (a)(4), or (a)(5), the offense is punishable by Section

 41-8    7.138(e).  An offense under Subsection (a)(6), (a)(7), or (a)(8) is

 41-9    punishable for a person other than an individual under Section

41-10    7.138(c).

41-11          Sec. 7.117.  VIOLATIONS RELATING TO MEDICAL WASTE: LARGE

41-12    GENERATOR.  (a)  A person commits an offense if the person is a

41-13    large quantity generator and the person, acting intentionally or

41-14    knowingly with respect to the person's conduct:

41-15                (1)  generates, collects, stores, processes, exports,

41-16    or disposes of, or causes or permits to be generated, collected,

41-17    stored, processed, exported, or disposed of, any medical waste

41-18    without all permits required by the appropriate regulatory agency

41-19    or in knowing violation of any material condition or requirement of

41-20    a permit or of an applicable interim status rule or standard; or

41-21                (2)  generates, collects, stores, treats, transports,

41-22    or disposes of, or causes or permits to be generated, collected,

41-23    stored, treated, transported, or disposed of, or otherwise handles

41-24    any medical waste, and knowingly destroys, alters, conceals, or

41-25    fails to file any record, report, manifest, or other document

41-26    required to be maintained or filed under rules or regulations

41-27    adopted by the appropriate regulatory agency.

 42-1          (b)  An offense under this section is punishable for an

 42-2    individual under Section 7.138(c) or Section 7.139(g) or both.  If

 42-3    it is shown on the trial of an individual that the individual has

 42-4    previously been convicted of an offense under this section, the

 42-5    offense is punishable for an individual under Section 7.138(d) or

 42-6    Section 7.139(i) or both.

 42-7          (c)  An offense under this section is punishable for a person

 42-8    other than an individual under Section 7.138(e).  If it is shown on

 42-9    the trial of a person other than an individual that the person has

42-10    previously been convicted of an offense under this section, the

42-11    offense is punishable by Section 7.138(f).

42-12          Sec. 7.118.  VIOLATIONS RELATING TO MEDICAL WASTE: SMALL

42-13    GENERATOR.  (a)  A person commits an offense if the person is a

42-14    small quantity generator and the person, acting intentionally or

42-15    knowingly with respect to the person's conduct:

42-16                (1)  generates, collects, stores, processes, exports,

42-17    or disposes of, or causes or permits to be generated, collected,

42-18    stored processes, exported, or disposed of, any medical waste

42-19    without all permits required by the appropriate regulatory agency

42-20    or in knowing violation of any material condition or requirement of

42-21    a permit or of an applicable interim status rule or standard; or

42-22                (2)  generates, collects, stores, treats, transports,

42-23    or disposes of, or causes or permits to be generated, collected,

42-24    stored, treated, transported, or disposed of, or otherwise handles

42-25    any medical waste, and knowingly destroys, alters, conceals, or

42-26    fails to file any record, report, manifest, or other document

42-27    required to be maintained or filed under rules or regulations

 43-1    adopted by the appropriate regulatory agency.

 43-2          (b)  An offense under this section is punishable for an

 43-3    individual under Section 7.138(b).  If it is shown on the trial of

 43-4    an individual that the individual previously has been convicted of

 43-5    an offense under this section, the offense is punishable for an

 43-6    individual under Section 7.138(d) or Section 7.139(c) or both.

 43-7          (c)  An offense under this section is punishable for a person

 43-8    other than an individual under Section 7.138(d).  If it is shown on

 43-9    the trial of a person other than an individual that the person

43-10    previously has been convicted of an offense under this section, the

43-11    offense is punishable by Section 7.138(d).

43-12          Sec. 7.119.  VIOLATIONS RELATING TO MEDICAL WASTE

43-13    TRANSPORTATION.  (a)  A person commits an offense if the person

43-14    acting intentionally or knowingly with respect to the person's

43-15    conduct:

43-16                (1)  transports, or causes or permits to be

43-17    transported, for storage, processing, or disposal, any medical

43-18    waste to any location that does not have all required permits;

43-19                (2)  transports without a manifest, or causes or

43-20    permits to be transported without a manifest, any medical waste

43-21    required to be accompanied by a manifest under rules or regulations

43-22    adopted by the appropriate regulatory agency; or

43-23                (3)  operates any vehicle transporting medical waste,

43-24    or which is authorized to transport medical waste, in violation of

43-25    any rule or regulation prescribed by the appropriate regulatory

43-26    agency, including cleaning and safety regulations, which

43-27    specifically relate to the transportation of medical waste.

 44-1          (b)  An offense under this section is punishable for an

 44-2    individual under Section 7.138(b) or Section 7.139(d), or both.  If

 44-3    it is shown on the trial of an individual that the individual

 44-4    previously has been convicted of an offense under this section, the

 44-5    offense is punishable for an individual under Section 7.138(c) or

 44-6    Section 7.139(e), or both.

 44-7          (c)  An offense under this subsection is punishable for a

 44-8    person other than an individual under Section 7.138(e).  If it is

 44-9    shown on the trial of a person other than an individual that the

44-10    person previously has been convicted of an offense under this

44-11    section, the offense is punishable by Section 7.138(f).

44-12          Sec. 7.120.  KNOWING VIOLATIONS RELATING TO MEDICAL WASTE.

44-13    (a)  A person commits an offense if the person knowingly:

44-14                (1)  makes a false material statement, or knowingly

44-15    causes or knowingly permits to be made a false material statement,

44-16    to any person who prepares any regulated medical waste label,

44-17    manifest, application, permit, plan, registration, record, report,

44-18    or other document required by a valid and currently effective

44-19    order, rule, or regulation of the appropriate regulatory agency; or

44-20                (2)  omits material information, or causes or permits

44-21    material information to be omitted, from any regulated medical

44-22    waste label, manifest, application, permit, plan, registration,

44-23    record, report, or other document required by a valid and currently

44-24    effective order, rule, or regulation of the appropriate regulatory

44-25    agency.

44-26          (b)  An offense under this section is punishable for an

44-27    individual under Section 7.138(b) or Section 7.139(d), or both.  If

 45-1    it is shown on the trial of an individual that the individual

 45-2    previously has been convicted of an offense under this section, the

 45-3    offense is punishable for an individual under Section 7.138(c) or

 45-4    Section 7.139(e), or both.

 45-5          (c)  An offense under this section is punishable for a person

 45-6    other than an individual under Section 7.138(d).  If it is shown on

 45-7    the trial of a person other than an individual that the person

 45-8    previously has been convicted of an offense under this section, the

 45-9    offense is punishable by Section 7.138(d).

45-10          Sec. 7.121.  INTENTIONAL OR KNOWING VIOLATION RELATING TO

45-11    MEDICAL WASTE AND ENDANGERMENT.  (a)  A person commits an offense

45-12    if the person acting intentionally or knowingly, the person

45-13    transports, processes, stores, exports, or disposes of, or causes

45-14    to be transported, processed, stored, exported, or disposed of,

45-15    medical waste in violation of Chapter 361, Health and Safety Code

45-16    and thereby knowingly places any other person in imminent danger of

45-17    death or serious bodily injury.

45-18          (b)  An offense under this section is punishable for an

45-19    individual under Section 7.138(d) or Section 7.139(h), or both.  If

45-20    an offense committed by an individual under this section results in

45-21    death or serious bodily injury to any person, the offense is

45-22    punishable for an individual under Section 7.138(e) or Section

45-23    7.139(j), or both.

45-24          (c)  An offense under this section is punishable for a person

45-25    other than an individual under Section 7.138(e).  If an offense

45-26    committed by a person other than an individual under this section

45-27    results in death or serious bodily injury to any person, the

 46-1    offense is punishable under Section 7.138(f).

 46-2          Sec. 7.122.  INTENTIONAL OR KNOWING ENDANGERMENT VIOLATION

 46-3    RELATING TO MEDICAL WASTE.  (a)  A person commits an offense if the

 46-4    person, acting intentionally or knowingly with respect to the

 46-5    person's conduct, transports, processes, stores, exports, or

 46-6    disposes of medical waste in violation of Chapter 361, Health and

 46-7    Safety Code, thereby placing any other person in imminent danger of

 46-8    death or serious bodily injury, unless the conduct charged is done

 46-9    in strict compliance with all required permits or with a valid and

46-10    currently effective order issued or rule adopted by the appropriate

46-11    regulatory agency.

46-12          (b)  An offense under this section is punishable for an

46-13    individual under Section 7.138(c) or Section 7.139(f), or both.  If

46-14    an offense committed by an individual under this section results in

46-15    death or serious bodily injury to any person, the offense is

46-16    punishable for an individual under Section 7.138(d) or Section

46-17    7.139(g), or both.

46-18          (c)  An offense under this section is punishable for a person

46-19    other than an individual under Section 7.138(d).  If an offense

46-20    committed by a person other than an individual under this section

46-21    results in death or serious bodily injury to any person, the

46-22    offense is punishable under Section 7.138(e).

46-23          Sec. 7.123.  RELEASE OF MEDICAL WASTE INTO ENVIRONMENT.

46-24    (a)  A person commits an offense if the person, acting

46-25    intentionally or knowingly with respect to the person's conduct,

46-26    releases or causes or permits the release of a medical waste into

46-27    the environment, thereby placing any other person in imminent

 47-1    danger of death or serious bodily injury, unless the release is

 47-2    done in strict compliance with all required permits or a valid and

 47-3    currently effective order issued or rule adopted by the appropriate

 47-4    regulatory agency.

 47-5          (b)  An offense under this section is punishable for an

 47-6    individual under Section 7.138(d) or Section 7.139(g), or both.  If

 47-7    an offense committed by an individual under this section results in

 47-8    death or serious bodily injury to any person, the offense is

 47-9    punishable for an individual under Section 7.138(d) or Section

47-10    7.139(g), or both.

47-11          (c)  An offense under this section is punishable for a person

47-12    other than an individual under Section 7.138(d).  If an offense

47-13    committed by a person other than an individual under this section

47-14    results in death or serious bodily injury to any person, the

47-15    offense is punishable under Section 7.138(e).

47-16          Sec. 7.124.  RECKLESS RELEASE OF MEDICAL WASTE INTO

47-17    ENVIRONMENT AND ENDANGERMENT.  (a)  A person commits an offense if

47-18    the person, acting recklessly with respect to a person's conduct,

47-19    releases or causes or permits the release of a medical waste into

47-20    the environment, thereby placing any other person in imminent

47-21    danger of death or serious bodily injury, unless the release is

47-22    made in strict compliance with all required permits or a valid and

47-23    currently effective order issued or rule adopted by the appropriate

47-24    regulatory agency.

47-25          (b)  An offense under this section is punishable for an

47-26    individual under Section 7.138(d) or Section 7.139(d), or both.  If

47-27    an offense committed by an individual under this section results in

 48-1    death or serious bodily injury to any person, the offense is

 48-2    punishable for an individual under Section 7.138(d) or Section

 48-3    7.139(e), or both.

 48-4          (c)  An offense under this section is punishable for a person

 48-5    other than an individual under Section 7.138(d).  If an offense

 48-6    committed by a person other than an individual under this section

 48-7    results in death or serious bodily injury to any person, the

 48-8    offense is punishable by Section 7.138(e).

 48-9          Sec. 7.125.  FAILURE OF SEWAGE SYSTEM INSTALLER TO REGISTER.

48-10    (a)  A person commits an offense if the person violates Section

48-11    366.071, Health and Safety Code.

48-12          (b)  An offense under this section is a Class C misdemeanor

48-13    unless it is shown on the trial of the defendant that the defendant

48-14    has previously been convicted of an offense under this section, in

48-15    which event the offense is punishable under Section 7.138(a) or

48-16    Section 7.139(a), or both.

48-17          Sec. 7.126.  VIOLATION RELATING TO SEWAGE DISPOSAL NEAR

48-18    INTERNATIONAL BORDER.  (a)  A person commits an offense if the

48-19    person violates a rule adopted by the commission under Chapter 366,

48-20    Health and Safety Code or an order or resolution adopted by an

48-21    authorized agent under Subchapter C, Chapter 366, Health and Safety

48-22    Code in a county that is contiguous to an international border.

48-23          (b)  An offense under this section is a Class C misdemeanor

48-24    unless it is shown on the trial of the defendant that the defendant

48-25    has previously been convicted of an offense under this section, in

48-26    which event the offense is punishable under Section 7.138(a) or

48-27    Section 7.139(a), or both.

 49-1          Sec. 7.127.  VIOLATION OF SEWAGE DISPOSAL SYSTEM PERMIT

 49-2    PROVISIONS.  (a)  A person commits an offense if the person begins

 49-3    to construct, alter, repair, or extend an on-site sewage disposal

 49-4    system owned by another person before the owner of the system

 49-5    obtains a permit to construct, alter, repair, or extend the on-site

 49-6    sewage disposal system as required by Subchapter D, Chapter 366,

 49-7    Health and Safety Code.

 49-8          (b)  An offense under this section is a Class C misdemeanor

 49-9    unless it is shown on the trial of the defendant that the defendant

49-10    has previously been convicted of an offense under this section, in

49-11    which event the offense is punishable under Section 7.138(a) or

49-12    Section 7.139(a), or both.

49-13          Sec. 7.128.  HANDLING USED OIL VIOLATIONS.  (a)  A person

49-14    commits an offense if the person:

49-15                (1)  intentionally discharges used oil into a sewer,

49-16    drainage system, septic tank, surface water or groundwater,

49-17    watercourse, or marine water;

49-18                (2)  knowingly mixes or commingles used oil with solid

49-19    waste that is to be disposed of in landfills or directly disposes

49-20    of used oil on land or in landfills, unless the mixing or

49-21    commingling of used oil with solid waste that is to be disposed of

49-22    in landfills is incident to and the unavoidable result of the

49-23    mechanical shredding of motor vehicles, appliances, or other items

49-24    of scraps used, or obsolete metals;

49-25                (3)  knowingly transports, treats, stores, disposes of,

49-26    recycles, causes to be transported, or otherwise handles any used

49-27    oil within the state:

 50-1                      (A)  in violation of standards or rules for the

 50-2    management of used oil; or

 50-3                      (B)  without first complying with the

 50-4    registration requirements of Section 371.026, Health and Safety

 50-5    Code and rules adopted under that section;

 50-6                (4)  intentionally applies used oil to roads or land

 50-7    for dust suppression, weed abatement, or other similar uses that

 50-8    introduce used oil into the environment;

 50-9                (5)  violates an order of the commission to cease and

50-10    desist any activity prohibited by this section or any rule

50-11    applicable to a prohibited activity; or

50-12                (6)  intentionally makes a false statement or

50-13    representation in an application, label, manifest, record, report,

50-14    permit, or other document filed, maintained, or used for purposes

50-15    of program compliance.

50-16          (b)  It is an exception to the application of this section if

50-17    a person unknowingly disposes into the environment any used oil

50-18    that has not been properly segregated or separated by the generator

50-19    from other solid wastes.

50-20          (c)  It is an exception to the application of Subsection

50-21    (a)(2) if the mixing or commingling of used oil with solid waste

50-22    that is to be disposed of in landfills is incident to and the

50-23    unavoidable result of the mechanical shredding of motor vehicles,

50-24    appliances, or other items of scrap, used, or obsolete metals.

50-25          (d)  An offense under this section is punishable under

50-26    Section 7.138(f) or confinement for a period of at least six months

50-27    but not to exceed 5 years, or both unless it is shown on the trial

 51-1    of the defendant that the defendant has previously been convicted

 51-2    of an offense under this section, in which event the offense is

 51-3    punishable under Section 7.138(f) or Section 7.139(g), or both.

 51-4          Sec. 7.129.  VIOLATIONS OF CLEAN AIR ACT.  (a)  A person

 51-5    commits an offense if the person intentionally or knowingly, with

 51-6    respect to the person's conduct, violates:

 51-7                (1)  Section 382.0518(a), Health and Safety Code;

 51-8                (2)  Section 382.054, Health and Safety Code;

 51-9                (3)  Section 382.056(a), Health and Safety Code;

51-10                (4)  Section 382.058(a), Health and Safety Code; or

51-11                (5)  an order, permit, rule, or exemption issued under

51-12    Chapter 382, Health and Safety Code.

51-13          (b)  An offense under this section is punishable for an

51-14    individual under Section 7.138(c) or Section 7.139(c), or both.

51-15          (c)  An offense under this section is punishable for a person

51-16    other than an individual under Section 7.138(c).

51-17          Sec. 7.130.  FAILURE TO PAY FEES UNDER CLEAN AIR ACT.  (a)  A

51-18    person commits an offense if the person intentionally or knowingly

51-19    fails to pay a fee required by Chapter 382, Health and Safety Code

51-20    or by a rule adopted or order issued under Chapter 382, Health and

51-21    Safety Code.

51-22          (b)  An offense under this section is punishable for an

51-23    individual under Section 7.138(g) or Section 7.139(b), or both.

51-24          (c)  An offense under this section is punishable for a person

51-25    other than an individual under Section 7.138(g).

51-26          Sec. 7.131.  FALSE REPRESENTATIONS UNDER CLEAN AIR ACT.

51-27    (a)  A person commits an offense if the person intentionally or

 52-1    knowingly makes or causes to be made any false material statement,

 52-2    representation, or certification in, or omits material information

 52-3    from, or knowingly alters, conceals, or does not file or maintain

 52-4    any notice, application, record, report, plan, or other document

 52-5    required to be filed or maintained by Chapter 382, Health and

 52-6    Safety Code or by a rule adopted or permit or order issued under

 52-7    Chapter 382, Health and Safety Code.

 52-8          (b)  An offense under this section is punishable for an

 52-9    individual under Section 7.138(b) or Section 7.139(d), or both.

52-10          (c)  An offense under this section is punishable for a person

52-11    other than an individual under Section 7.138(c).

52-12          Sec. 7.132.  FAILURE TO NOTIFY UNDER CLEAN AIR ACT.  (a)  A

52-13    person commits an offense if the person intentionally or knowingly

52-14    fails to notify or report to the commission as required by Chapter

52-15    382, Health and Safety Code or by a rule adopted or permit or order

52-16    issued under Chapter 382, Health and Safety Code.

52-17          (b)  An offense under this section is punishable for an

52-18    individual under Section 7.138(b) or Section 7.139(d), or both.

52-19          (c)  An offense under this section is punishable for a person

52-20    other than an individual under Section 7.138(c).

52-21          Sec. 7.133.  FAILURE TO PROPERLY USE MONITORING DEVICE.

52-22    (a)  A person commits an offense if the person intentionally or

52-23    knowingly tampers with, modifies, disables, or fails to use a

52-24    required monitoring device;  tampers with, modifies, or disables a

52-25    monitoring device; or falsifies, fabricates, or omits data from a

52-26    monitoring device, unless done in strict compliance with Chapter

52-27    382, Health and Safety Code or a permit, rule, variance, or other

 53-1    order issued by the commission.

 53-2          (b)  An offense under this section is punishable for an

 53-3    individual under Section 7.138(c) or Section 7.139(d), or both.

 53-4          (c)  An offense under this section is punishable for a person

 53-5    other than an individual under Section 7.138(d).

 53-6          Sec. 7.134.  RECKLESS EMISSION OF AIR CONTAMINANT AND

 53-7    ENDANGERMENT.  (a)  A person commits an offense if the person

 53-8    recklessly, with respect to the person's conduct, emits an air

 53-9    contaminant that places any other person in imminent danger of

53-10    death or serious bodily injury unless the emission is made in

53-11    strict compliance with Chapter 382, Health and Safety Code or a

53-12    permit, rule, variance, or other order issued by the commission.

53-13          (b)  An offense under this section is punishable for an

53-14    individual under Section 7.138(c) or Section 7.139(f), or both.

53-15          (c)  An offense under this section is punishable for a person

53-16    other than an individual under Section 7.138(d).

53-17          Sec. 7.135.  INTENTIONAL OR KNOWING EMISSION OF AIR

53-18    CONTAMINANT AND ENDANGERMENT.  (a)  A person commits an offense if

53-19    the person intentionally or knowingly, with respect to the person's

53-20    conduct, emits an air contaminant with the knowledge that the

53-21    person is placing any other person in imminent danger of death or

53-22    serious bodily injury unless the emission is made in strict

53-23    compliance with Chapter 382, Health and Safety Code or a permit,

53-24    rule, variance, or other order issued by the commission.

53-25          (b)  An offense under this section is punishable for an

53-26    individual under Section 7.138(c) or Section 7.139(f), or both.

53-27          (c)  An offense under this section is punishable for a person

 54-1    other than an individual under Section 7.138(d).

 54-2          Sec. 7.136.  VIOLATIONS RELATING TO RADIOACTIVE WASTE.

 54-3    (a)  A person commits an offense if the person:

 54-4                (1)  intentionally or knowingly violates a provision of

 54-5    Chapter 401, Health and Safety Code other than the offense

 54-6    described by Section 401.383, Health and Safety Code; or

 54-7                (2)  intentionally or knowingly receives, processes,

 54-8    concentrates, stores, transports, or disposes of radioactive waste

 54-9    without a license issued under Chapter 401, Health and Safety Code.

54-10          (b)  An offense under Subsection (a)(1) is a Class B

54-11    misdemeanor, unless it is shown on the trial of the person that the

54-12    person has previously been convicted of an offense under Subsection

54-13    (a)(1), in which event the offense is a Class A misdemeanor.

54-14          (c)  An offense under Subsection (a)(2) is a Class A

54-15    misdemeanor, unless it is shown on the trial of the person that the

54-16    person has previously been convicted of an offense under Subsection

54-17    (a)(2), in which event the offense is punishable under Section

54-18    7.138 or Section 7.139, or both.

54-19          Sec. 7.137.  SEPARATE OFFENSES.  Each day a person engages in

54-20    conduct proscribed by this subchapter constitutes a separate

54-21    offense.

54-22          Sec. 7.138.  FINES.  As provided in the relevant offense in

54-23    Sections 7.102 - 7.136, a person convicted of an offense under this

54-24    subchapter shall pay a fine of:

54-25          (a)  not less than $100 or more than $50,000;

54-26          (b)  not less than $200 or more than $100,000;

54-27          (c)  not less than $1,000 or more than $250,000;

 55-1          (d)  not less than $2,000 or more than $500,000;

 55-2          (e)  not less than $5,000 or more than $1,000,000;

 55-3          (f)  not less than $10,000 or more than $1,500,000; or

 55-4          (g)  not more than twice the amount of the required fee.

 55-5          Sec. 7.139.  CONFINEMENT.  As provided in the relevant

 55-6    offense in Sections 7.102 - 7.136, a person convicted of an offense

 55-7    under this subchapter shall be punishable by confinement for a

 55-8    period not to exceed:

 55-9          (a)  30 days;

55-10          (b)  90 days;

55-11          (c)  180 days;

55-12          (d)  one year;

55-13          (e)  two years;

55-14          (f)  five years;

55-15          (g)  10 years;

55-16          (h)  15 years;

55-17          (i)  20 years; or

55-18          (j)  30 years.

55-19          Sec. 7.140.  REPEAT OFFENSES.  If it is shown at the trial of

55-20    the defendant that the defendant has previously been convicted of

55-21    the same offense under this subchapter, the maximum punishment is

55-22    doubled with respect to both the fine and confinement, unless the

55-23    offense in Sections 7.102 - 7.136 specifies otherwise.

55-24          Sec. 7.141.  VENUE.  Venue for prosecution of an alleged

55-25    violation under this subchapter is in:

55-26          (a)  the county in which the violation is alleged to have

55-27    occurred;

 56-1          (b)  the county where the defendant resides;

 56-2          (c)  any county to which or through which the discharge,

 56-3    waste, or pollutant was transported; or

 56-4          (d)  Travis County.

 56-5          Sec. 7.142.  FINES FOR STATE AND LOCAL PROSECUTION.  A fine

 56-6    recovered through a prosecution brought under this subchapter shall

 56-7    be divided equally between the state and any local government

 56-8    significantly involved in prosecuting the case, except that if the

 56-9    court determines that the state or the local government bore

56-10    significantly more of the burden of prosecuting the case, it may

56-11    apportion up to 75 percent of the fine to the government that

56-12    predominantly prosecuted the case.

56-13          Sec. 7.143.  NOT AN OFFENSE.  An emergency repair to an

56-14    on-site sewage disposal system without a permit in accordance with

56-15    the rules adopted under Section 366.012(a)(1)(c), Health and Safety

56-16    Code, is not an offense under this section if a written statement

56-17    describing the need for the repair is provided to the commission or

56-18    its authorized agent not later than 72 hours after the repair is

56-19    begun.

56-20          Sec. 7.144.  NOTICE OF CONVICTION.  In addition to a sentence

56-21    that may be imposed under this subchapter, a person other than an

56-22    individual that has been adjudged guilty of an offense may be

56-23    ordered by the court to give notice of the conviction to any person

56-24    the court considers appropriate.

56-25          Sec. 7.145.  JUDGMENT OF CONVICTION.  On conviction under

56-26    this subchapter, the clerk of the court in which the conviction is

56-27    returned shall forward a copy of the judgment to the commission.

 57-1          Sec. 7.146.  PEACE OFFICERS.  For purposes of this

 57-2    subchapter, the authorized agents and employees of the Parks and

 57-3    Wildlife Department are constituted peace officers.  These agents

 57-4    and employees are empowered to enforce the provisions of this

 57-5    subchapter the same as any other peace officer, and for such

 57-6    purpose shall have the powers and duties of peace officers as set

 57-7    forth in the Code of Criminal Procedure.

 57-8          Sec. 7.147.  ALLEGATIONS.  In alleging the name of a

 57-9    defendant private corporation, it is sufficient to state in the

57-10    complaint, indictment, or information the corporate name or to

57-11    state any name or designation by which the corporation is known or

57-12    may be identified.  It is not necessary to allege that the

57-13    defendant was lawfully incorporated.

57-14          Sec. 7.148.  SUMMONS AND ARREST.  (a)  After a complaint is

57-15    filed or an indictment or information presented against a private

57-16    corporation under the provisions of this subchapter, the court or

57-17    clerk shall issue a summons to the corporation.  The summons shall

57-18    be in the same form as a capias except that:

57-19                (1)  it shall summon the corporation to appear before

57-20    the court named at the place stated in the summons;

57-21                (2)  it shall be accompanied by a certified copy of the

57-22    complaint, indictment, or information; and

57-23                (3)  it shall provide that the corporation appear

57-24    before the court named at or before 10 a.m. of the Monday next

57-25    after the expiration of 20 days after it is served with summons,

57-26    except when service is made upon the Secretary of State, in which

57-27    instance the summons shall provide that the corporation appear

 58-1    before the court named at or before 10 a.m. of the Monday next

 58-2    after the expiration of 30 days after the Secretary of State is

 58-3    served with summons.

 58-4          (b)  No individual may be arrested upon a complaint,

 58-5    indictment, or information against a private corporation.

 58-6          Sec. 7.149.  SERVICE OF SUMMONS.  (a)  A peace officer shall

 58-7    serve a summons on a private corporation by personally delivering a

 58-8    copy of it to the corporation's registered agent for service.  If a

 58-9    registered agent has not been designated or cannot with reasonable

58-10    diligence be found at the registered office, the peace officer

58-11    shall serve the summons by personally delivering a copy of it to

58-12    the president or a vice-president of the corporation.

58-13          (b)  If the peace officer certifies on the return that he

58-14    diligently but unsuccessfully attempted to effect service under

58-15    Subsection (a)  or if the corporation is a foreign corporation that

58-16    has no certificate of authority, he shall serve the summons on the

58-17    Secretary of State by personally delivering a copy of it to him or

58-18    to the assistant secretary of state or to any clerk in charge of

58-19    the corporation department of his office.  On receipt of the

58-20    summons copy, the Secretary of State shall immediately forward it

58-21    by certified or registered mail, return receipt requested,

58-22    addressed to the defendant corporation at its registered office or,

58-23    if it is a foreign corporation, at its principal office in the

58-24    state or country under whose law it was incorporated.

58-25          (c)  The Secretary of State shall keep a permanent record of

58-26    the date and time of receipt and his disposition of each summons

58-27    served under Subsection (b) together with the return receipt.

 59-1          Sec. 7.150.  ARRAIGNMENT AND PLEADINGS.  In all criminal

 59-2    actions instituted against a private corporation under the

 59-3    provisions of this subchapter:

 59-4          (a)  appearance is for the purpose of arraignment; and

 59-5          (b)  the corporation has 10 full days after the day the

 59-6    arraignment takes place and before the day the trial begins to file

 59-7    written pleadings.

 59-8          Sec. 7.151.  APPEARANCE.  (a)  A defendant private

 59-9    corporation appears through counsel or its representative.

59-10          (b)  If a private corporation does not appear in response to

59-11    summons or appears but fails or refuses to plead, it is considered

59-12    to be present in person for all purposes, and the court shall enter

59-13    a plea of not guilty in its behalf and may proceed with trial,

59-14    judgment, and sentencing.

59-15          (c)  After appearing and entering a plea in response to

59-16    summons, if a private corporation is absent without good cause at

59-17    any time during later proceedings, it is considered to be present

59-18    in person for all purposes, and the court may proceed with trial,

59-19    judgment, or sentencing.

59-20          Sec. 7.152.  FINE TREATED AS JUDGMENT IN CIVIL ACTION.  If a

59-21    person other than an individual is found guilty of a violation of

59-22    this subchapter and a fine imposed, the fine shall be entered and

59-23    docketed by the clerk of the court as a judgment against the

59-24    person, and the fine shall be of the same force and effect and be

59-25    enforced against the person in the same manner as if the judgment

59-26    were recovered in a civil action.

59-27          Sec. 7.153.  EFFECT ON CERTAIN OTHER LAWS.  Conduct

 60-1    punishable as an offense under this subchapter that is also

 60-2    punishable under another law may be prosecuted under either law.

 60-3          Sec. 7.154.  DEFENSE EXCLUDED.  It is not a defense to

 60-4    prosecution under this subchapter that the person did not know or

 60-5    was not aware of a rule, order, or statute.

 60-6                          SUBCHAPTER F.  DEFENSES

 60-7          Sec. 7.181.  ACT OF GOD.  If a person can establish that an

 60-8    event which would otherwise be a violation of the statutes and

 60-9    rules within the Commission's jurisdiction was caused solely by an

60-10    act of God, war, strike, riot or other catastrophe, the event is

60-11    not a violation of the statutes and rules within the Commission's

60-12    jurisdiction.

60-13          Sec. 7.182.  DEFENSES TO ENDANGERMENT OFFENSES.  (a)  It is

60-14    an affirmative defense to prosecution under Sections 7.121, 7.122,

60-15    7.123, and 7.124 that the conduct charged was freely consented to

60-16    by the person endangered and that the danger and conduct charged

60-17    were reasonably foreseeable hazards of the person's occupation,

60-18    business, or profession or a medical treatment or medical or

60-19    scientific experimentation conducted by professionally approved

60-20    methods and the person endangered had been made aware of the risks

60-21    involved before giving consent.

60-22          (b)  It is an affirmative defense to prosecution under

60-23    Section 7.121 of this subchapter that the person charged was an

60-24    employee who was carrying out the person's normal activities and

60-25    was acting under orders from the person's employer, unless the

60-26    person charged engaged in knowing and wilful violations.

60-27          Sec. 7.183.  DEFENSES AVAILABLE TO PERSON RESPONSIBLE FOR

 61-1    SOLID WASTE VIOLATIONS.  (a)  A person responsible for solid waste

 61-2    as defined in Section 361.271, Health and Safety Code who violates

 61-3    the statutes and rules within the Commission's jurisdiction is

 61-4    liable unless the person can establish by a preponderance of the

 61-5    evidence that the release or threatened release was caused solely

 61-6    by an act or omission of a third person and that the defendant:

 61-7                (1)  exercised due care concerning the solid waste,

 61-8    considering the characteristics of     the solid waste, in light of

 61-9    all relevant facts and circumstances; and

61-10                (2)  took precautions against foreseeable acts or

61-11    omissions of the third person and the consequences that could

61-12    foreseeably result from those acts or omissions.

61-13          (b)  The defense under Subsection (a)  does not apply if the

61-14    third person:

61-15                (1)  is an employee or agent of the defendant; or

61-16                (2)  has a direct or indirect contractual relationship

61-17    with the defendant and the act or omission of the third person

61-18    occurred in connection with the contractual relationship.  The term

61-19    "contractual relationship" includes land contracts, deeds, or other

61-20    instruments transferring title or possession of real property.

61-21          (c)  A defendant who enters into a contractual relationship

61-22    as provided by Subsection (b)(2) is not liable under the statutes

61-23    and rules within the commission's jurisdiction if:

61-24                (1)  the sole contractual relationship is acceptance

61-25    for rail carriage by a common carrier under a published tariff; or

61-26                (2)  the defendant acquired the real property on which

61-27    the facility requiring the remedial action is located, after the

 62-1    disposal or placement of the hazardous substance on, in, or at the

 62-2    facility and the defendant establishes by a preponderance of the

 62-3    evidence that:

 62-4                      (A)  the defendant exercised due care concerning

 62-5    the solid waste, considering the characteristics of the solid

 62-6    waste, in light of all relevant facts and circumstances; and

 62-7                      (B)  the defendant took precautions against

 62-8    foreseeable acts or omissions of the third person and the

 62-9    consequences that could foreseeably result from those acts or

62-10    omissions; or

62-11                      (C)  at the time the defendant acquired the

62-12    facility the defendant did not know and had no reason to know that

62-13    a hazardous substance that is the subject of the release or

62-14    threatened release was disposed of on, in, or at the facility;

62-15                      (D)  the defendant is a governmental entity that

62-16    acquired the facility by escheat, by other involuntary transfer or

62-17    acquisition, or by the exercise of the power of eminent domain; or

62-18                      (E)  the defendant acquired the facility by

62-19    inheritance or bequest.

62-20          (d)  To demonstrate the condition under Subsection (c)(2)(C),

62-21    the defendant must have made, at the time of acquisition,

62-22    appropriate inquiry into the previous ownership and uses of the

62-23    property consistent with good commercial or customary practice in

62-24    an effort to minimize liability.  In deciding whether the defendant

62-25    meets this condition, the court shall consider:

62-26                (1)  any specialized knowledge or experience of the

62-27    defendant;

 63-1                (2)  the relationship of the purchase price to the

 63-2    value of the property if the property were uncontaminated;

 63-3                (3)  commonly known or reasonably ascertainable

 63-4    information about the property;

 63-5                (4)  the obvious presence or likely presence of

 63-6    contamination of the property; and

 63-7                (5)  the defendant's ability to detect the

 63-8    contamination by appropriate inspection.

 63-9          (e)  This section does not decrease the liability of a

63-10    previous owner or operator of a facility who is liable under the

63-11    statutes and rules within the commission's jurisdiction.  If the

63-12    defendant obtained actual knowledge of the release or threatened

63-13    release of a hazardous substance at a facility at the time the

63-14    defendant owned the real property on which the facility is located

63-15    and subsequently transferred ownership of the property to another

63-16    person without disclosing that knowledge, the defendant is liable

63-17    and a defense under this section is not available to the defendant.

63-18          (f)  Subsections (c)-(e) do not affect the liability under

63-19    the statutes and rules within the commission's jurisdiction of a

63-20    defendant who, by an act or omission, caused or contributed to the

63-21    release or threatened release of a hazardous substance that is the

63-22    subject of the action concerning the facility.

63-23           SUBCHAPTER G.  REVOCATION AND SUSPENSION OF PERMITS,

63-24                 LICENSES AND CERTIFICATES OF REGISTRATION

63-25          Sec. 7.201.  GROUNDS FOR REVOCATION OR SUSPENSION OF PERMITS.

63-26    After notice and hearing, the commission may revoke, suspend, or

63-27    revoke and reissue a permit, a federal operating permit,

 64-1    preconstruction permit, or exemption issued under the statutes or

 64-2    rules within the commission's jurisdiction, on any of the following

 64-3    grounds:

 64-4          (a)  Violating any of the terms or conditions of the permit

 64-5    or exemption and revocation, suspension, or revocation and

 64-6    reissuance is necessary in order to maintain the quality of water

 64-7    or the quality of air in the state, or to otherwise protect human

 64-8    health and the environment consistent with the objectives of the

 64-9    statutes or rules within the commission's jurisdiction.

64-10          (b)  Committing an actual or potential release to the

64-11    environment, and compliance history of the permit holder evidences

64-12    three release or potential release violations within the past five

64-13    years;

64-14          (c)  Contravening pollution control standards set by the

64-15    commission or  contravening the intent of the statutes and rules

64-16    within the commission's jurisdiction;

64-17          (d)  Including a material mistake in a federal operating

64-18    permit or making inaccurate statements in establishing the

64-19    emissions standards or other terms or conditions of a federal

64-20    operating permit;

64-21          (e)  Misrepresenting or failing to disclose fully all

64-22    relevant facts in obtaining the permit;

64-23          (f)  A permit holder being indebted to the state for fees,

64-24    payment of penalties, or taxes imposed by the statutes or rules

64-25    within the commission's jurisdiction;

64-26          (g)  A permit holder failing to ensure that the management of

64-27    its facility conforms or will conform to the statutes and rules

 65-1    within the commission's jurisdiction;

 65-2          (h)  The permit is subject to cancellation or suspension

 65-3    under Section 26.084;

 65-4          (i)  Abandoning the permit or operations under the permit;

 65-5          (j)  The commission finds that a change in conditions

 65-6    requires elimination of the discharge authorized by the permit; or

 65-7          (h)  With respect to permits issued pursuant to Chapter 18,

 65-8    failing to continue to possess qualifications necessary for the

 65-9    issuance of an original permit.

65-10          Sec. 7.202.  GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSES

65-11    AND CERTIFICATES OF REGISTRATION.  With respect to licenses,

65-12    certifications and registrations issued pursuant to the statutes or

65-13    rules within the commission's jurisdiction,  after notice and

65-14    hearing, the commission may suspend or revoke a license,

65-15    certification, or registration it has issued, place on probation a

65-16    person whose license, certification or registration has been

65-17    suspended, reprimand a licensee certificate holder or registrant,

65-18    refuse to renew or refuse to reissue a license, certificate or

65-19    registration on any of the following grounds:

65-20          (a)  Committing an actual or potential release to the

65-21    environment, and compliance history of the licensee, certificate

65-22    holder or registrant evidences three release or potential release

65-23    violations within the past five years;

65-24          (b)  Committing fraud or deceit in obtaining a license,

65-25    certification or registration;

65-26          (c)  Demonstrating gross negligence, incompetency, or

65-27    misconduct while acting as a licensee, certificate holder or

 66-1    registrant;

 66-2          (d)  Making an intentional misstatement or misrepresentation

 66-3    of fact in information required to be maintained or submitted to

 66-4    the commission by the licensee, certificate holder or registrant;

 66-5          (e)  Failing to keep and transmit records as required by the

 66-6    statutes or rules within the commission's jurisdiction;

 66-7          (f)  Being indebted to the state for fees, payment of

 66-8    penalties, or taxes imposed by the statutes or rules within the

 66-9    commission's jurisdiction;

66-10          (g)  With respect to certificates of public convenience and

66-11    necessity, failing to provide continuous and adequate service in

66-12    the area, or part of the area, covered by the certificate;

66-13          (h)  With respect to licenses issued pursuant to Chapter 18,

66-14    failing to continue to possess qualifications necessary for the

66-15    issuance of an original license;

66-16          (i)  With respect to certificates of competency issued

66-17    pursuant to Section 26.0301, violating a discharge permit of a

66-18    sewage treatment plant, unless:

66-19                (1)  The holder of a certificate is unable to properly

66-20    operate the sewage treatment facility due to the refusal of the

66-21    permittee to authorize necessary expenditures to operate the sewage

66-22    treatment facility properly; or

66-23                (2)  Failure of the sewage treatment facility to comply

66-24    with its discharge permit results from faulty design of the sewage

66-25    treatment facility;

66-26          (j)  With respect to licenses issued pursuant to Chapter 32,

66-27    failing to advise a person for whom a well is being drilled that

 67-1    injurious water has been encountered, is a pollution hazard, and

 67-2    must be immediately plugged in an acceptable manner;

 67-3          (k)  With respect to registrations issued pursuant to Chapter

 67-4    366, Health and Safety Code, violating Chapter 366, Health and

 67-5    Safety Code or a rule adopted under that Chapter.

 67-6          Sec. 7.203.  PROCEDURES.  The commission by rule shall

 67-7    establish procedures for public notice and any public hearing under

 67-8    this subchapter.

 67-9          Sec. 7.204.  HEARINGS.  Hearings under this subchapter shall

67-10    be conducted in accordance with the hearing rules adopted by the

67-11    commission and the applicable provisions of Chapter 2001,

67-12    Government Code.

67-13          Sec. 7.205.  CONSENT.  If the permittee requests or consents

67-14    to the revocation or suspension of the permit, license or

67-15    certification of registration, the executive director may revoke or

67-16    suspend the permit, license, exemption, certification or

67-17    registration without a hearing.

67-18          Sec. 7.206.  OTHER RELIEF.  A proceeding brought by the

67-19    commission under this subchapter shall not affect the commission's

67-20    authority to bring suit for injunctive relief or penalty or both

67-21    under Section 7.014.

67-22          Sec. 7.207.  REQUIREMENTS OF LICENSEES AND REGISTRANTS.  If a

67-23    licensee's, certificate holder's, or registrant's suspension is

67-24    probated, the commission may require the licensee, certificate

67-25    holder or registrant:

67-26          (a)  to report regularly to the commission on matters that

67-27    are the basis of the probation;

 68-1          (b)  to limit activities to the areas prescribed by the

 68-2    commission; and

 68-3          (c)  to continue or renew professional education until the

 68-4    registrant attains a degree of skill satisfactory to the commission

 68-5    in those areas that are the basis of the probation.

 68-6          Sec. 7.208.  PERMIT HOLDER.  For purposes of this section,

 68-7    the term "permit holder" includes each member of a partnership or

 68-8    association and, with respect to a corporation, each officer and

 68-9    the owner or owners of a majority of the corporate stock, provided

68-10    such partner or owner controls at least 20 percent of the permit

68-11    holder.

68-12          Sec. 7.209.  RECEIVERSHIP.  (a)  At the request of the

68-13    commission, the attorney general shall bring suit for the

68-14    appointment of a receiver to collect the assets and carry on the

68-15    business of a water or sewer utility that has abandoned operation

68-16    of its facilities or violates a final order of the commission or

68-17    allows any property owned or controlled by it to be used in

68-18    violation of a final order of the commission.

68-19          (b)  The court shall appoint a receiver if an appointment is

68-20    necessary:

68-21                (1)  to guarantee the collection of assessments, fees,

68-22    penalties, or interest;

68-23                (2)  to guarantee continued service to the customers of

68-24    the utility; or

68-25                (3)  to prevent continued or repeated violation of the

68-26    final order.

68-27          (c)  The receiver shall execute a bond to assure the proper

 69-1    performance of the receiver's duties in an amount to be set by the

 69-2    court.

 69-3          (d)  After appointment and execution of bond, the receiver

 69-4    shall take possession of the assets of the utility specified by the

 69-5    court.  Until discharged by the court, the receiver shall perform

 69-6    the duties that the court directs to preserve the assets and carry

 69-7    on the business of the utility and shall strictly observe the final

 69-8    order involved.

 69-9          (e)  On a showing of good cause by the utility, the court may

69-10    dissolve the receivership and order the assets and control of the

69-11    business returned to the utility.

69-12          (f)  The receiver may, subject to the approval of the court

69-13    and after giving notice to all interested parties, sell or

69-14    otherwise dispose of all or part of the real or personal property

69-15    of a water or sewer utility against which a proceeding has been

69-16    brought under this subchapter to pay the costs incurred in the

69-17    operation of the receivership.  The costs include:

69-18                (1)  payment of fees to the receiver for his services;

69-19                (2)  payment of fees to attorneys, accountants,

69-20    engineers, or any other person or entity that provides goods or

69-21    services necessary to the operation of the receivership; and

69-22                (3)  payment of costs incurred in ensuring that any

69-23    property owned or controlled by a water or sewer utility is not

69-24    used in violation of a final order of the commission.

69-25          (g)  The commission, after providing to the utility notice

69-26    and an opportunity for a hearing, may place a utility under

69-27    supervision for gross or continuing mismanagement, gross or

 70-1    continuing noncompliance with this chapter or commission rules, or

 70-2    noncompliance with commission orders.

 70-3          (h)  While supervising a utility, the commission may require

 70-4    the utility to abide by conditions and requirements prescribed by

 70-5    the commission, including:

 70-6                (1)  management requirements;

 70-7                (2)  additional reporting requirements;

 70-8                (3)  restrictions on hiring, salary or benefit

 70-9    increases, capital investment, borrowing, stock issuance or

70-10    dividend declarations, and liquidation of assets; and

70-11                (4)  a requirement that the utility place the utility's

70-12    funds into an account in a financial institution approved by the

70-13    commission and use of those funds shall be restricted to reasonable

70-14    and necessary utility expenses.

70-15          (i)  While supervising a utility, the commission may require

70-16    that the utility obtain commission approval before taking any

70-17    action that may be restricted under Subsection (h).  Any action or

70-18    transaction which occurs without commission approval may be voided

70-19    by the commission.

70-20          (j)  The commission, after providing to the utility notice

70-21    and an opportunity for a hearing, may authorize a willing person to

70-22    temporarily manage and operate a utility that has discontinued or

70-23    abandoned operations or the provision of services or is being

70-24    referred to the attorney general for the appointment of a receiver

70-25    under this section.

70-26          (k)  The commission may appoint a person under this section

70-27    by emergency order, and notice of the action is adequate if the

 71-1    notice is mailed or hand-delivered to the last known address of the

 71-2    utility's headquarters.

 71-3          (l)  A person appointed under Subsection (j) or Subsection

 71-4    (k) has the powers and duties necessary to ensure the continued

 71-5    operation of the utility and the provision of continuous and

 71-6    adequate services to customers, including the power and duty to:

 71-7                (1)  read meters;

 71-8                (2)  bill for utility services;

 71-9                (3)  collect revenues;

71-10                (4)  disburse funds; and

71-11                (5)  request rate increases.

71-12          (m)  Subsections (j), (k) and (l) do not affect the authority

71-13    of the commission to pursue an enforcement claim against a utility

71-14    or an affiliated interest.

71-15          (n)  Notwithstanding the requirements of Section 13.187, the

71-16    commission may authorize an emergency rate increase for a utility

71-17    for which a person has been appointed under Subsection (j) or

71-18    Subsection (k) or for which a receiver has been appointed under

71-19    this section if the increase is necessary to ensure the provision

71-20    of continuous and adequate services to the utility's customers.

71-21          (o)  A utility that receives an emergency rate increase under

71-22    this section shall provide to each ratepayer notice of the increase

71-23    as soon as possible, but not later than the first utility bill

71-24    issued at the new rate.

71-25          (p)  The commission shall schedule a hearing to establish a

71-26    final rate within 15 months after the date on which an emergency

71-27    rate increase takes effect.  The commission shall require the

 72-1    utility  to provide notice of the hearing to each customer.  The

 72-2    additional revenues collected under an emergency rate increase are

 72-3    subject to refund if the commission finds that the rate increase

 72-4    was larger than necessary to ensure continuous and adequate

 72-5    service.

 72-6                          SUBCHAPTER H.  REMEDIES

 72-7          Sec. 7.221.  REMEDIES CUMULATIVE.  The remedies under this

 72-8    chapter are cumulative of all other remedies.  Nothing in this

 72-9    chapter affects the right of any private corporation or individual

72-10    to pursue any available common-law remedy to abate a condition of

72-11    pollution or other nuisance, to recover damages, to enforce a right

72-12    or to prevent or seek redress or compensation for the violation of

72-13    a right or otherwise redress an injury.

72-14          Sec. 7.222.  OTHER LAW.  This chapter does not exempt a

72-15    person from complying with or being subject to other law.

72-16                       SUBCHAPTER I.  SUIT BY OTHERS

72-17          Sec. 7.231.  CIVIL SUITS.  If it appears that a violation or

72-18    threat of violation of any provision of a statute or any rule,

72-19    permit, order, license, or certificate within the commission's

72-20    jurisdiction has occurred or is occurring in the jurisdiction of a

72-21    local government, the local government or affected person may

72-22    institute a civil suit in the same manner as the commission in a

72-23    district court by its own attorney for the injunctive relief or

72-24    civil penalty, or both, as authorized by this chapter against the

72-25    person who committed, is committing, or is threatening to commit

72-26    the violation.

72-27          Sec. 7.232.  RESOLUTION.  A local government may not exercise

 73-1    the enforcement power provided under this subchapter unless its

 73-2    governing body adopts a resolution authorizing the exercise of the

 73-3    power.

 73-4          Sec. 7.233.  COMMISSION NECESSARY PARTY.  In a suit brought

 73-5    by a local government under this subchapter, the commission is a

 73-6    necessary and indispensable party.

 73-7          Sec. 7.234.  COSTS AND FEES.  A penalty collected in a suit

 73-8    under this subchapter shall be paid to the state.  If the suit is

 73-9    brought by a local government or affected person, the court shall

73-10    include in any final judgment in favor of the local government or

73-11    affected person an award to cover reasonable costs and attorney's

73-12    fees.

73-13          Sec. 7.235.  COMPLAINTS.  A local government or affected

73-14    person may file with the commission a written complaint and may

73-15    request an investigation of an alleged violation by a person who

73-16    holds a permit, federal operating permit, exemption, certificate of

73-17    registration or license subject to the commission's jurisdiction.

73-18          Sec. 7.236.  COMMISSION REPLY.  The commission shall reply to

73-19    the complainant in writing not later than the 60th day after the

73-20    complaint is received and shall provide a copy of any investigation

73-21    report relevant to the complaint together with a determination of

73-22    whether the alleged violation was committed.

73-23          Sec. 7.237.  PROSECUTION.  A local government or affected

73-24    person may bring suit in a court of competent jurisdiction in the

73-25    county in which the alleged violation occurred or is about to

73-26    occur, if the commission does not have a suit filed before the

73-27    121st day after the date on which the written complaint is filed

 74-1    under Section 7.235.

 74-2          Sec. 7.238.  OTHER REQUIREMENTS.  The regulatory authority of

 74-3    any local government may require compliance with any reasonable

 74-4    inspection requirements or ordinances or regulations designed to

 74-5    protect the public water supply and pay any reasonable fees imposed

 74-6    by the local government relating to work performed within its

 74-7    jurisdiction.

 74-8          SECTION 3.  AMENDMENT.  Section 12.052, Water Code, is

 74-9    amended to read as follows:  DAM SAFETY.  (a)  The commission shall

74-10    make and enforce rules and orders and shall perform all other acts

74-11    necessary to provide for the safe construction, maintenance,

74-12    repair, and removal of dams located in this state.

74-13          (b)  Rules and orders made by the commission shall be made

74-14    after proper notice and hearing as provided in the rules of the

74-15    commission.

74-16          (c)  T [If t]he owner of a dam that is required to be

74-17    constructed, reconstructed, repaired, or removed in order to comply

74-18    with the rules and orders promulgated under Subsection (a) of this

74-19    section shall not wilfully fail[s] or refuse[s] to comply within

74-20    the 30-day period following the date of the commission's order to

74-21    do so and shall not [or if a person] wilfully fail[s] to comply

74-22    with any rule or other order issued by the commission under this

74-23    section within the 30-day period following the effective date of

74-24    the order[, he is liable to a penalty of not more than $1,000 a day

74-25    for each day he continues to violate this section.  The state may

74-26    recover the penalty by suit brought for that purpose in the

74-27    district court of Travis County].

 75-1          (d)  [If the commission determines that the existing

 75-2    condition of the dam is creating or will cause extensive or severe

 75-3    property damage or economic loss to others or is posing an

 75-4    immediate and serious threat to human life or health and that other

 75-5    procedures available to the commission to remedy or prevent the

 75-6    occurrence of the situation will result in unreasonable delay, the

 75-7    commission may issue an emergency order, either mandatory or

 75-8    prohibitory in nature, directing the owner of a dam to repair,

 75-9    modify, maintain, dewater, or remove the dam which the commission

75-10    determines is unsafe.  The emergency order may be issued without

75-11    notice to the dam owner or with notice the commission considers

75-12    practicable under the circumstances.  The notice does not have to

75-13    comply with Chapter 2001, Government Code.]

75-14          [(e)  If the commission issues an emergency order under

75-15    authority of this section without notice to the dam owner, the

75-16    commission shall fix a time and place for a hearing which shall be

75-17    held as soon as practicable to affirm, modify, or set aside the

75-18    emergency order.  The notice does not have to comply with Chapter

75-19    2001, Government Code.  If the nature of the commission's action

75-20    requires further proceedings, those proceedings shall be conducted

75-21    as appropriate under the Administrative Procedure and Texas

75-22    Register Act, as amended.]

75-23          [(f)]  Nothing in this section or in rules or orders made by

75-24    the commission shall be construed to relieve an owner or operator

75-25    of a dam or reservoir of the legal duties, obligations, or

75-26    liabilities incident to ownership or operation.

75-27          SECTION 4.  AMENDMENT.  Section 13.254, Water Code, is

 76-1    amended to read as follows:

 76-2    [REVOCATION OR] AMENDMENT OF CERTIFICATE.  (a)  The commission at

 76-3    any time after notice and hearing may [revoke or] amend any

 76-4    certificate of public convenience and necessity with the written

 76-5    consent of the certificate holder or if it finds that the

 76-6    certificate holder has never provided, is no longer providing, or

 76-7    has failed to provide continuous and adequate service in the area,

 76-8    or part of the area, covered by the certificate.

 76-9          (b)  Upon written request from the certificate holder, the

76-10    executive director may cancel the certificate of a utility or water

76-11    supply corporation authorized by rule to operate without a

76-12    certificate of public convenience and necessity under Section

76-13    13.242(c).

76-14          (c)  If the certificate of any public utility is [revoked or]

76-15    amended, the commission may require one or more public utilities to

76-16    provide service in the area in question.

76-17          SECTION 5.  AMENDMENT.  Section 16.236, Water Code, is

76-18    amended to read as follows:

76-19    CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF PLANS.  (a)  No person

76-20    may construct, attempt to construct, cause to be constructed,

76-21    maintain, or cause to be maintained any levee or other such

76-22    improvement on, along, or near any stream of this state that is

76-23    subject to floods, freshets, or overflows so as to control,

76-24    regulate, or otherwise change the floodwater of the stream without

76-25    first obtaining approval of the plans by the commission.

76-26          (b)  [Any person who violates any provision of this section

76-27    is guilty of a misdemeanor and upon conviction is punishable by a

 77-1    fine of not more than $100.  A separate offense is committed each

 77-2    day a structure constructed in violation of this section is

 77-3    maintained.]

 77-4          [(c)  At the request of the executive director, the attorney

 77-5    general shall file suit in a district court of Travis County to

 77-6    enjoin any violation or threatened violation of this section.  In

 77-7    the suit, the attorney general may seek to have the illegal levee

 77-8    or other improvement removed and the preexisting conditions

 77-9    restored and may also collect civil penalties of up to $100 a day

77-10    for each day a violation occurs.]

77-11          [(d)]  This section does not apply to:

77-12                (1)  dams permitted by the commission or recognized as

77-13    valid by final decree in any proceeding begun under Subchapter G,

77-14    Chapter 11, of this code;

77-15                (2)  dams authorized by Section 11.142 of this code;

77-16                (3)  a levee or other improvement within the corporate

77-17    limits of a city or town provided:

77-18                      (A)  plans for the construction or maintenance or

77-19    both must be approved by the city or town as a condition precedent

77-20    to starting the project and

77-21                      (B)  the city or town requires that such plans be

77-22    in substantial compliance with rules and standards adopted by the

77-23    commission; or

77-24                (4)  a levee or other improvement within the boundaries

77-25    of any political subdivision which has qualified for the National

77-26    Flood Insurance Program as authorized by the National Flood

77-27    Insurance Act of 1968 (Title 42, U.S.C., Sections 4001-4127)

 78-1    provided: (a) plans for the construction or maintenance or both

 78-2    must be approved by the political subdivision which is

 78-3    participating in the national flood insurance program as a

 78-4    condition precedent to starting the project and (b) the political

 78-5    subdivision requires that such plans be in substantial compliance

 78-6    with rules and standards adopted by the commission;

 78-7                (5)  projects implementing soil and water conservation

 78-8    practices set forth in a conservation plan with a landowner or

 78-9    operator and approved by the governing board of a soil and water

78-10    conservation district organized under the State Soil Conservation

78-11    Law, as amended (Article 165a-4, Vernon's Texas Civil Statutes),

78-12    provided that the governing board finds the practices do not

78-13    significantly affect stream flooding conditions on, along, or near

78-14    a state stream.

78-15          (c) [(e)]  On projects located within the corporate limits of

78-16    a city or town or within the boundaries of any political

78-17    subdivision which are exempt from the provisions of this section by

78-18    Subdivision (3) or (4) of Subsection (b) [(d)] above, any person

78-19    whose property is located outside of the corporate limits of such

78-20    city or town or of the boundaries of such a political subdivision

78-21    and whose property is affected or potentially affected by the

78-22    effect of the project on the floodwaters of the stream may appeal

78-23    the decision of such political subdivision.  The appeal shall be in

78-24    writing and shall specify the grounds therefor and a copy shall be

78-25    sent by certified mail to the project applicant and to the city or

78-26    town or such political subdivision.  The timely filing of such an

78-27    appeal with the executive director suspends the decision of the

 79-1    city or town or political subdivision until a final decision is

 79-2    rendered by the commission.  The executive director shall review

 79-3    the complaint and investigate the facts surrounding the nature of

 79-4    the complaint.  If the executive director finds that the complaint

 79-5    is frivolous or nonmeritorious or made solely for purposes of

 79-6    harassment or delay, then he shall dismiss the appeal.  Otherwise,

 79-7    the executive director shall refer the appeal to the commission

 79-8    which shall after due notice hold a hearing to determine whether

 79-9    the project should be approved using the standards established by

79-10    the commission and shall hear such appeal de novo under the

79-11    procedural rules established by the commission for other

79-12    reclamation projects.

79-13          SECTION 6.  AMENDMENT.  Section 26.029, Water Code, is

79-14    amended to read as follows:

79-15          CONDITIONS OF PERMIT[;] AMENDMENT[; REVOCATION AND

79-16    SUSPENSION].  (a)  In each permit, the commission shall prescribe

79-17    the conditions on which it is issued, including:

79-18                (1)  the duration of the permit;

79-19                (2)  the location of the point of discharge of the

79-20    waste;

79-21                (3)  the maximum quantity of waste that may be

79-22    discharged under the permit at any time and from time to time;

79-23                (4)  the character and quality of waste that may be

79-24    discharged under the permit;  and

79-25                (5)  any monitoring and reporting requirements

79-26    prescribed by the commission for the permittee.

79-27          (b)  After a public hearing, notice of which shall be given

 80-1    to the permittee, the commission may require the permittee, from

 80-2    time to time, for good cause, to conform to new or additional

 80-3    conditions.  The commission shall allow the permittee a reasonable

 80-4    time to conform to the new or additional conditions, and on

 80-5    application of the permittee, the commission may grant additional

 80-6    time.

 80-7          (c)  A permit does not become a vested right in the

 80-8    permittee.  [After a public hearing, notice of which shall be given

 80-9    to the permittee, the commission may revoke or suspend a permit for

80-10    good cause on any of the following grounds:]

80-11                [(1)  the permittee has failed or is failing to comply

80-12    with the conditions of the permit;]

80-13                [(2)  the permit is subject to cancellation or

80-14    suspension under Section 26.084 of this code;]

80-15                [(3)  the permit or operations under the permit have

80-16    been abandoned; or]

80-17                [(4)  the permit is no longer needed by the permittee.]

80-18          (d)  The notice required by Subsection[s] (b) [and (c)] of

80-19    this section shall be sent to the permittee at his last known

80-20    address as shown by the records of the commission.

80-21          [(e)  If the permittee requests or consents to the revocation

80-22    or suspension of the permit, the executive director may revoke or

80-23    suspend the permit.]

80-24          CONDITIONS OF PERMIT[;] AMENDMENT[; REVOCATION AND

80-25    SUSPENSION].  (a)  In each permit, the commission shall prescribe

80-26    the conditions on which it is issued, including:

80-27                (1)  the duration of the permit;

 81-1                (2)  the location of the point of discharge of the

 81-2    waste;

 81-3                (3)  the maximum quantity of waste that may be

 81-4    discharged under the permit at any time and from time to time;

 81-5                (4)  the character and quality of waste that may be

 81-6    discharged under the permit;  and

 81-7                (5)  any monitoring and reporting requirements

 81-8    prescribed by the commission for the permittee.

 81-9          (b)  After a public hearing, notice of which shall be given

81-10    to the permittee, the commission may require the permittee, from

81-11    time to time, for good cause, in conformance with applicable laws,

81-12    to conform to new or additional conditions.

81-13          (c)  A permit does not become a vested right in the

81-14    permittee.  [After a public hearing in conformance with applicable

81-15    laws, notice of which shall be given to the permittee, the

81-16    commission may revoke or suspend a permit for good cause on any of

81-17    the following grounds:]

81-18                [(1)  the permittee has failed or is failing to comply

81-19    with the conditions of the permit;]

81-20                [(2)  the permit is subject to cancellation or

81-21    suspension under Section 26.084 of this code;]

81-22                [(3)  the permit or operations under the permit have

81-23    been abandoned;]

81-24                [(4)  the permit is no longer needed by the permittee;]

81-25                [(5)  the commission finds that a change in conditions

81-26    requires elimination of the discharge;]

81-27                [(6)  revocation or suspension is necessary in order to

 82-1    maintain the quality of water in the state consistent with the

 82-2    objectives of this chapter; or]

 82-3                [(7)  the permit was obtained by misrepresentation or

 82-4    failure to disclose fully all relevant facts.]

 82-5          (d)  The notice required by Subsection[s] (b) [and (c)] of

 82-6    this section shall be sent to the permittee at his last known

 82-7    address as shown by the records of the commission.

 82-8          [(e)  If the permittee requests or consents to the revocation

 82-9    or suspension of the permit, the executive director may revoke or

82-10    suspend the permit.]

82-11          SECTION 7.  AMENDMENT.  Section 26.0301, Water Code, is

82-12    amended to read as follows:

82-13          CERTIFICATE OF COMPETENCY.  (a)  The holders of permits to

82-14    discharge wastewater from a sewage treatment facility shall employ

82-15    a treatment plant operator holding a valid certificate of

82-16    competency issued under the direction of the commission.

82-17          (b)  Every person, company, corporation, firm, or partnership

82-18    that employs sewage treatment plant operators and is in the

82-19    business of providing as a sewage treatment facility operations

82-20    must hold a valid certificate of competency issued under the

82-21    direction of the commission.  Any employee of a person, company,

82-22    corporation, firm, or partnership who will be operating a sewage

82-23    treatment facility must hold a valid certificate of competency

82-24    issued under the direction of the commission.

82-25          (c)  [The commission may suspend or revoke the certificate of

82-26    competency for sewage treatment facility operation of an individual

82-27    treatment facility operator or a sewage treatment facility

 83-1    operations company, after notice and hearing before the commission,

 83-2    if the holder of a certificate of competency is responsible for

 83-3    violating a discharge permit of a sewage treatment plant.]

 83-4          [(d)  The holder of a certificate of competency is not

 83-5    subject to the revocation or suspension of the certificate of

 83-6    competency under Subsection (c) of this section if:]

 83-7                [(1)  the holder of a certificate is unable to properly

 83-8    operate the sewage treatment facility due to the refusal of the

 83-9    permittee to authorize necessary expenditures to operate the sewage

83-10    treatment facility properly; or]

83-11                [(2)  failure of the sewage treatment facility to

83-12    comply with its discharge permit results from faulty design of the

83-13    sewage treatment facility.]

83-14          [(e)]  The commission by rule shall set a fee to be paid by

83-15    each applicant or licensee on the issuance or renewal of a

83-16    certificate of competency under this section.  The amount of the

83-17    fee is determined according to the costs of the commission in

83-18    administering this section, but may not exceed $25 annually for an

83-19    individual wastewater treatment plant operator and $500 annually

83-20    for a person, company, corporation, firm, or partnership that is in

83-21    the business as a wastewater treatment facility operations company.

83-22    The commission shall deposit any fees collected under this

83-23    subsection in the state treasury to the credit of the water quality

83-24    fund.

83-25          SECTION 8.  AMENDMENT.  Section 361.089, Health and Safety

83-26    Code, is amended to read as follows:

83-27          PERMIT DENIAL OR[,] AMENDMENT[, SUSPENSION OR REVOCATION;]

 84-1    NOTICE AND HEARING.  (a)  The commission may, for good cause, deny

 84-2    or[,] amend[, or revoke] a permit it issues or has authority to

 84-3    issue for reasons pertaining to public health, air or water

 84-4    pollution, or land use, or for a violation of this chapter or other

 84-5    applicable laws or rules controlling the management of solid waste.

 84-6          (b)  Except as provided by Section 361.110, the commission

 84-7    shall notify each governmental entity listed under Section 361.067

 84-8    and provide an opportunity for a hearing to the permit holder or

 84-9    applicant and persons affected.  The commission may also hold a

84-10    hearing on its own motion.

84-11          (c)  The commission by rule shall establish procedures for

84-12    public notice and any public hearing under this section.

84-13          (d)  Hearings under this section shall be conducted in

84-14    accordance with the hearing rules adopted by the commission and the

84-15    applicable provisions of Chapter 2001, Government Code.

84-16          (e)  The commission may deny[, suspend for not more than 90

84-17    days, or revoke] an original or renewal permit if it is found,

84-18    after notice and hearing, that:

84-19                (1)  the permit holder has a record of environmental

84-20    violations in the preceding five years at the permitted site;

84-21                (2)  the applicant has a record of environmental

84-22    violations in the preceding five years at any site owned, operated,

84-23    or controlled by the applicant;

84-24                (3)  the permit holder or applicant made a false or

84-25    misleading statement in connection with an original or renewal

84-26    application, either in the formal application or in any other

84-27    written instrument relating to the application submitted to the

 85-1    commission, its officers, or its employees;

 85-2                (4)  the permit holder or applicant is indebted to the

 85-3    state for fees, payment of penalties, or taxes imposed by this

 85-4    title or by a rule of the commission; or

 85-5                (5)  the permit holder or applicant is unable to ensure

 85-6    that the management of the hazardous waste management facility

 85-7    conforms or will conform to this title and the rules of the

 85-8    commission.

 85-9          (f)  Before denying[, suspending, or revoking] a permit under

85-10    this section, the commission must find:

85-11                (1)  that a violation or violations are significant and

85-12    that the permit holder or applicant has not made a substantial

85-13    attempt to correct the violations; or

85-14                (2)  that the permit holder or applicant is indebted to

85-15    the state for fees, payment of penalties, or taxes imposed by this

85-16    title or by a rule of the commission.

85-17          (g)  For purposes of this section, the terms "permit holder"

85-18    and "applicant" include each member of a partnership or association

85-19    and, with respect to a corporation, each officer and the owner or

85-20    owners of a majority of the corporate stock, provided such partner

85-21    or owner controls at least 20 percent of the permit holder or

85-22    applicant and at least 20 percent of another business which

85-23    operates a solid waste management facility.

85-24          SECTION 9.  AMENDMENT.  Section 401.054, Health and Safety

85-25    Code, is amended to read as follows:

85-26          NOTICE AND HEARING.  (a)  The department or commission shall

85-27    provide notice and an opportunity for a hearing on a matter under

 86-1    its jurisdiction as provided by its formal hearing procedures and

 86-2    Chapter 2001, Government Code, on written request of a person

 86-3    affected by any of the following procedures:

 86-4                (1)  the denial[, suspension, or revocation] by the

 86-5    agency of a license or registration;

 86-6                (2)  the determination by the agency of compliance with

 86-7    or the grant of exemptions from an agency rule or order; or

 86-8                (3)  the grant or amendment by the agency of a specific

 86-9    license.

86-10          (b)  This section does not apply to license or registration

86-11    activities for which other notice and hearing procedures are

86-12    required by this chapter.

86-13          SECTION 10.  AMENDMENT.  Section 11.081, Water Code, is

86-14    amended to read as follows:

86-15          UNLAWFUL USE OF STATE WATER.  [(a)]  No person may wilfully

86-16    take, divert, or appropriate any state water for any purpose

86-17    without first complying with all applicable requirements of this

86-18    chapter.

86-19          [(b)  A person who violates any provision of this section is

86-20    guilty of a misdemeanor and upon conviction is punishable by a fine

86-21    of not more than $100 or by confinement in the county jail for not

86-22    more than six months or by both.]

86-23          [(c)  A person commits a separate offense each day he

86-24    continues to take, divert, or appropriate water in violation of

86-25    this section.]

86-26          [(d)  Possession of state water when the right to its use has

86-27    not been acquired according to the provisions of this chapter is

 87-1    prima facie evidence of a violation of this section.]

 87-2          SECTION 11.  AMENDMENT.  Section 11.083, Water Code, is

 87-3    amended to read as follows:

 87-4          OTHER UNLAWFUL TAKING.  (a)  No person may wilfully open,

 87-5    close, change, or interfere with any headgate or water box without

 87-6    lawful authority.

 87-7          (b)  No person may wilfully use water or conduct water

 87-8    through his ditch or upon his land unless he is entitled to do so.

 87-9          [(c)  A person who violates any provision of this section is

87-10    guilty of a misdemeanor and upon conviction is punishable by a fine

87-11    of not less than $10 nor more than $1,000 or by confinement in the

87-12    county jail for not more than six months.]

87-13          [(d)  The possession or use of state water on his land by a

87-14    person not entitled to the water by the provisions of this code is

87-15    prima facie evidence of a violation of this section.]

87-16          SECTION 12.  AMENDMENT.  Section 11.084, Water Code, is

87-17    amended to read as follows:

87-18          SALE OF PERMANENT WATER RIGHT WITHOUT A PERMIT.  (a)  No

87-19    person may sell or offer to sell a permanent water right unless he

87-20    has perfected a right to appropriate state water by a certified

87-21    filing, or unless he has obtained a permit from the commission,

87-22    authorizing the use of the water for the purposes for which the

87-23    permanent water right is conveyed.

87-24          (b)  [A person who violates Subsection (a)  of this section

87-25    is guilty of a misdemeanor and upon conviction is punishable by a

87-26    fine of not less than $100 nor more than $1,000 or by confinement

87-27    in the county jail for not more than one year or by both.]

 88-1          SECTION 13.  AMENDMENT.  Section 11.085, Water Code, is

 88-2    amended to read as follows:

 88-3          INTERWATERSHED TRANSFERS.  (a)  No person may take or divert

 88-4    any of the water of the ordinary flow, underflow, or storm flow of

 88-5    any stream, watercourse, or watershed in this state into any other

 88-6    natural stream, watercourse, or watershed to the prejudice of any

 88-7    person or property situated within the watershed from which the

 88-8    water is proposed to be taken or diverted.

 88-9          (b)  No person may transfer water from one watershed to

88-10    another without first applying for and receiving a permit from the

88-11    commission to do so.  Before issuing such a permit, the commission

88-12    shall hold a hearing to determine the rights that might be affected

88-13    by the transfer.  The commission shall give notice and hold the

88-14    hearing in the manner prescribed by its procedural rules.

88-15          [(c)  A person who takes or diverts water in violation of

88-16    this section is guilty of a misdemeanor and upon conviction is

88-17    punishable by a fine of not less than $100 nor more than $500 or by

88-18    confinement in the county jail for not more than six months.]

88-19          [(d)  A person commits a separate offense each day he

88-20    continues to take or divert water in violation of this section.]

88-21          SECTION 14.  AMENDMENT.  Section 11.087 Water Code, is

88-22    amended to read as follows:

88-23          DIVERSION OF WATER ON INTERNATIONAL STREAM.  (a)  When storm

88-24    water or floodwater is released from a dam or reservoir on an

88-25    international stream and the water is designated for use or storage

88-26    downstream by a specified user who is legally entitled to receive

88-27    it, no other person may store, divert, appropriate, or use the

 89-1    water or interfere with its passage downstream.

 89-2          (b)  The commission may make and enforce rules and orders to

 89-3    implement the provisions of this section, including rules and

 89-4    orders designed to:

 89-5                (1)  establish an orderly system for water releases and

 89-6    diversions in order to protect vested rights and to avoid the loss

 89-7    of released water;

 89-8                (2)  prescribe the time that releases of water may

 89-9    begin and end;

89-10                (3)  determine the proportionate quantities of the

89-11    released water in transit and the water that would have been

89-12    flowing in the stream without the addition of the released water;

89-13                (4)  require each owner or operator of a dam or

89-14    reservoir on the stream between the point of release and the point

89-15    of destination to allow free passage of the released water in

89-16    transit;  and

89-17                (5)  establish other requirements the commission

89-18    considers necessary to effectuate the purposes of this section.

89-19          (c)  Orders made by the commission to effectuate its rules

89-20    under this section shall be mailed [need not be published, but the

89-21    commission shall transmit a copy of every such order] by certified

89-22    mail to each diverter of water and to each reservoir owner on the

89-23    stream between the point of release and the point of destination of

89-24    the released water as shown by the records of the commission.

89-25          [(d)  A person who violates any provision of this section is

89-26    guilty of a misdemeanor and upon conviction is punishable by a fine

89-27    of not more than $100 or by confinement in the county jail for not

 90-1    more than six months or by both.  A person commits a separate

 90-2    offense each day he continues to violate this section.]

 90-3          SECTION 15.  AMENDMENT.  Section 11.088 Water Code, is

 90-4    amended to read as follows:

 90-5          DESTRUCTION OF WATERWORKS.  [(a)]  No person may wilfully

 90-6    cut, dig, break down, destroy, or injure or open a gate, bank,

 90-7    embankment, or side of any ditch, canal, reservoir, flume, tunnel

 90-8    or feeder, pump or machinery, building, structure, or other work

 90-9    which is the property of another, or in which another owns an

90-10    interest, or which is lawfully possessed or being used by another,

90-11    and which is used for irrigation, milling, mining, manufacturing,

90-12    the development of power, domestic purposes, or stock raising, with

90-13    intent to:

90-14          (a) [(1)]  maliciously injure a person, association,

90-15    corporation, water improvement or irrigation district;

90-16          (b) [(2)]  gain advantage for himself; or

90-17          (c) [(3)]  take or steal water or cause water to run out or

90-18    waste out of the ditch, canal, or reservoir, feeder, or flume for

90-19    his own advantage or to the injury of a person lawfully entitled to

90-20    the use of the water or the use or management of the ditch, canal,

90-21    tunnel, reservoir, feeder, flume, machine, structure, or other

90-22    irrigation work.

90-23          [(b)  A person who violates any provision of this section is

90-24    guilty of a misdemeanor and upon conviction is punishable by a fine

90-25    of not less than $10 nor more than $1,000 or by confinement in the

90-26    county jail for not more than two years or by both.]

90-27          SECTION 16.  AMENDMENT.  Section 11.089 Water Code, is

 91-1    amended to read as follows:

 91-2          JOHNSON GRASS OR RUSSIAN THISTLE.  (a)  No person who owns,

 91-3    leases, or operates a ditch, canal, or reservoir or who cultivates

 91-4    land abutting a reservoir, ditch, flume, canal, wasteway, or

 91-5    lateral may permit Johnson grass or Russian thistle to go to seed

 91-6    on the waterway within 10 feet of the high-water line if the

 91-7    waterway crosses or lies on the land owned or controlled by him.

 91-8          (b)  [A person who violates any provision of this section is

 91-9    guilty of a misdemeanor and upon conviction is punishable by a fine

91-10    of not less than $25 nor more than $500 or by confinement in the

91-11    county jail for not less than 30 days nor more than six months or

91-12    by both.]

91-13          [(c)]  The provisions of this section are not applicable in

91-14    Tom Green, Sterling, Irion, Schleicher, McCullough, Brewster,

91-15    Menard, Maverick, Kinney, Val Verde, and San Saba counties.

91-16          SECTION 17.  AMENDMENT.  Section 11.090 Water Code, is

91-17    amended to read as follows:

91-18          POLLUTING AND LITTERING.  [(a)]  No person may deposit in any

91-19    canal, lateral, reservoir, or lake, used for a purpose named in

91-20    this chapter, the carcass of any dead animal, tin cans, discarded

91-21    buckets or pails, garbage, ashes, bailing or barbed wire, earth,

91-22    offal, or refuse of any character or any other article which might

91-23    pollute the water or obstruct the flow of a canal or similar

91-24    structure.

91-25          [(b)  A person who violates any provision of this section is

91-26    guilty of a misdemeanor and upon conviction is punishable by a fine

91-27    of not less than $10 nor more than $100 or by confinement in the

 92-1    county jail for not more than six months or by both.]

 92-2          SECTION 18.  AMENDMENT.  Section 11.091 Water Code, is

 92-3    amended to read as follows:

 92-4          INTERFERENCE WITH DELIVERY OF WATER UNDER CONTRACT.

 92-5    [(a)]  No person may wilfully take, divert, appropriate, or

 92-6    interfere with the delivery of conserved or stored water under

 92-7    Section 11.042 of this code.

 92-8          [(b)  A person who violates any provision of this section is

 92-9    guilty of a misdemeanor and upon conviction is punishable by a fine

92-10    of not more than $100 or by confinement in the county jail for not

92-11    more than six months or by both.]

92-12          [(c)  A person commits a separate offense each day he

92-13    continues to violate this section.]

92-14          [(d)  On the petition of any interested party, the district

92-15    court of any county through which the water may pass shall enjoin

92-16    any actual or threatened act prohibited by this section.]

92-17          SECTION 19.  AMENDMENT.  Section 11.094 Water Code, is

92-18    amended to read as follows:

92-19          PENALTY FOR USE OF WORKS DECLARED PUBLIC NUISANCE.  [(a)]  No

92-20    person may operate or attempt to operate any waterworks or

92-21    irrigation system or use any water under contract with any

92-22    waterworks or irrigation system that has been previously declared

92-23    to be a public nuisance.

92-24          [(b)  A person who violates any provision of this section is

92-25    guilty of a misdemeanor and on conviction is punishable by a fine

92-26    of not more than $1,000 or by confinement in the county jail for

92-27    not more than one year or by both.]

 93-1          SECTION 20.  AMENDMENT.  Section 11.096 Water Code, is

 93-2    amended to read as follows:

 93-3          OBSTRUCTION OF NAVIGABLE STREAMS.  [(a)]  No person may

 93-4    obstruct the navigation of any stream which can be navigated by

 93-5    steamboats, keelboats, or flatboats by cutting and felling trees or

 93-6    by building on or across the stream any dike, milldam, bridge, or

 93-7    other obstruction.

 93-8          [(b)  A person who violates any provision of this section is

 93-9    guilty of a misdemeanor and upon conviction is punishable by a fine

93-10    of not less than $50 nor more than $500.]

93-11          SECTION 21.  AMENDMENT.  Section 26.019 Water Code, is

93-12    amended to read as follows:

93-13          ORDERS.  [(a)]  The commission is authorized to issue orders

93-14    and make determinations necessary to effectuate the purposes of

93-15    this chapter.

93-16          [(b)  The commission shall set forth the findings on which it

93-17    bases any order granting or denying special relief requested of the

93-18    commission or involving a determination following a hearing on an

93-19    alleged violation of Section 26.121 of this code or directing a

93-20    person to perform or refrain from performing a certain act or

93-21    activity.]

93-22          SECTION 22.  AMENDMENT.  Section 361.011 Health and Safety

93-23    Code, is amended to read as follows:

93-24          COMMISSION'S JURISDICTION: MUNICIPAL SOLID WASTE.  (a)  The

93-25    commission is responsible under this section for the management of

93-26    municipal solid waste, excluding hazardous municipal waste, and

93-27    shall coordinate municipal solid waste activities, excluding

 94-1    activities concerning hazardous municipal waste.

 94-2          (b)  The commission shall accomplish the purposes of this

 94-3    chapter by controlling all aspects of the management of municipal

 94-4    solid waste, excluding management of hazardous municipal waste, by

 94-5    all practical and economically feasible methods consistent with its

 94-6    powers and duties under this chapter and other law.

 94-7          (c)  The commission has the powers and duties specifically

 94-8    prescribed by this chapter relating to municipal solid waste

 94-9    management, excluding management of hazardous municipal waste, and

94-10    all other powers necessary or convenient to carry out those

94-11    responsibilities under this chapter.

94-12          (d)  In matters relating to municipal solid waste management,

94-13    excluding management of hazardous municipal waste, the commission

94-14    shall[:]

94-15                [(1)]  consider water pollution control and water

94-16    quality aspects and air pollution control and ambient air quality

94-17    aspects[; and]

94-18                [(2)  consult with the attorney general's office for

94-19    assistance in determining whether referral to the attorney general

94-20    for enforcement is mandatory under Section 361.224 or whether

94-21    referral is appropriate, in the commission's discretion, for the

94-22    disposition of enforcement matters under this chapter].

94-23          [(e)  If referral is determined to be mandatory or

94-24    appropriate, the commission shall consult with the attorney

94-25    general's office for assistance in determining whether criminal or

94-26    civil enforcement action should be taken.  The commission shall use

94-27    all available enforcement options.]

 95-1          SECTION 23.  AMENDMENT.  Section 371.271, Health and Safety

 95-2    Code, is amended to read as follows:

 95-3          PERSONS RESPONSIBLE FOR SOLID WASTE.  (a)  A [For the purpose

 95-4    of this subchapter, a] person is responsible for solid waste if the

 95-5    person:

 95-6                (1)  is any owner or operator of a solid waste

 95-7    facility;

 95-8                (2)  owned or operated a solid waste facility at the

 95-9    time of processing, storage, or disposal of any solid waste;

95-10                (3)  by contract, agreement, or otherwise, arranged to

95-11    process, store, or dispose of, or arranged with a transporter for

95-12    transport to process, store, or dispose of, solid waste owned or

95-13    possessed by the person, by any other person or entity at:

95-14                      (A)  the solid waste facility owned or operated

95-15    by another person or entity that contains the solid waste; or

95-16                      (B)  the site to which the solid waste was

95-17    transported that contains the solid waste; or

95-18                (4)  accepts or accepted any solid waste for transport

95-19    to a solid waste facility or site selected by the person.

95-20          (b)  A political subdivision or an officer or employee of the

95-21    political subdivision is not a person responsible for solid waste

95-22    released or threatened to be released from a facility or at a site

95-23    if:

95-24                (1)  the political subdivision acquired ownership or

95-25    control of the facility or site through bankruptcy, tax

95-26    delinquency, abandonment, or other circumstances in which the

95-27    subdivision involuntarily acquired title to the facility or site by

 96-1    virtue of the subdivision's function as sovereign;  and

 96-2                (2)  the political subdivision, officer, or employee

 96-3    did not cause or contribute to the release or threatened release of

 96-4    solid waste at the facility or site.

 96-5          (c)  A political subdivision that is in a county with a

 96-6    population of 2.4 million or more or is in a county adjacent to a

 96-7    county with a population of 2.4 million or more and that builds or

 96-8    installs a drainage project on a site of a solid waste facility is

 96-9    not a person responsible for solid waste released or threatened to

96-10    be released from the facility or at a site of the facility if:

96-11                (1)  the political subdivision acquired ownership or

96-12    control of the facility or site through bankruptcy, tax

96-13    delinquency, abandonment, or other circumstances in which the

96-14    subdivision involuntarily acquired title to the facility or site by

96-15    virtue of the subdivision's function as sovereign;  and

96-16                (2)  the plans for the drainage project have been

96-17    submitted to and reviewed by the commission.

96-18          (d)  A political subdivision that builds or installs a

96-19    drainage project under Subsection (c) is not subject to civil or

96-20    criminal liability arising from the building or installation of the

96-21    drainage project.  This subsection does not apply to an injury or

96-22    property damage claim that results from an act or omission of the

96-23    political subdivision constituting gross negligence, recklessness,

96-24    or intentional misconduct.

96-25          SECTION 24.  EMERGENCY.  The importance of this legislation

96-26    and the crowded condition of the calendars in both houses create an

96-27    emergency and an imperative public necessity that the

 97-1    constitutional rule requiring bills to be read on three several

 97-2    days in each house be suspended, and this rule is hereby suspended,

 97-3    and that this Act take effect and be in force from and after its

 97-4    passage, and it is so enacted.