1-1     By:  Shapleigh                                         S.B. No. 828
 1-2           (In the Senate - Filed March 3, 1999; March 4, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 23, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 23, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to supplemental environmental projects undertaken in lieu
 1-9     of certain penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 7.067, Water Code, is amended to read as
1-12     follows:
1-13           Sec. 7.067.  SUPPLEMENTAL ENVIRONMENTAL PROJECTS.  (a)  The
1-14     commission may compromise, modify, or remit, with or without
1-15     conditions, an administrative penalty imposed under this
1-16     subchapter.  In determining the appropriate amount of a penalty for
1-17     settlement of an administrative enforcement matter, the commission
1-18     may consider a respondent's willingness to contribute to
1-19     supplemental environmental projects that are approved by the
1-20     commission, giving preference to projects that benefit the
1-21     community in which the alleged violation occurred.  The commission
1-22     may approve a supplemental environmental project with activities in
1-23     territory of the United Mexican States if the project substantially
1-24     benefits territory in this state in a manner described by
1-25     Subsection (b).  The commission may not approve a project that is
1-26     necessary to bring a respondent into compliance with environmental
1-27     laws or that is necessary to remediate environmental harm caused by
1-28     the respondent's alleged violation.
1-29           (b)  In this section, "supplemental environmental project"
1-30     means a project that prevents pollution, reduces the amount of
1-31     pollutants reaching the environment, enhances the quality of the
1-32     environment, or contributes to public awareness of environmental
1-33     matters. [The term does not include projects that are necessary to
1-34     bring the respondent into compliance  with environmental laws or
1-35     that are necessary to remediate the environmental harm caused by
1-36     the alleged violation.]
1-37           SECTION 2.  This Act takes effect September 1, 1999.
1-38           SECTION 3.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended.
1-43                                  * * * * *