By Brown S.B. No. 1309
76R9246 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the clarification of issues involved in consolidation
1-3 of the enforcement authority of the Texas Natural Resource
1-4 Conservation Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 7.002, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 7.002. ENFORCEMENT AUTHORITY. (a) The commission may
1-9 initiate an action under this chapter to enforce provisions of this
1-10 code and the Health and Safety Code within the commission's
1-11 jurisdiction as provided by Section 5.013 of this code and rules,
1-12 orders, permits, or other decisions adopted under those
1-13 provisions. The commission or the executive director may institute
1-14 legal proceedings to compel compliance with the relevant provisions
1-15 of this code and the Health and Safety Code and rules, orders,
1-16 permits, or other decisions of the commission.
1-17 (b) The commission may call and hold a public hearing and
1-18 issue orders on an alleged violation under this code or the Health
1-19 and Safety Code within the commission's jurisdiction or under a
1-20 rule, order, permit, or other decision of the commission, or take
1-21 any other action authorized by this chapter as the facts may
1-22 warrant.
1-23 (c) The commission may administer oaths, receive evidence
1-24 at the hearing, issue subpoenas to compel the attendance of
2-1 witnesses and the production of papers and documents related to the
2-2 hearing, and make findings of fact and decisions with respect to
2-3 administering the provisions of this code and the Health and Safety
2-4 Code within the commission's jurisdiction or the rules, orders, or
2-5 other decisions of the commission.
2-6 SECTION 2. Section 7.107, Water Code, is amended to read as
2-7 follows:
2-8 Sec. 7.107. DIVISION OF CIVIL PENALTY. (a) Except in a
2-9 suit brought for a violation of Chapter 28 of this code or of
2-10 Chapter 401, Health and Safety Code, a civil penalty recovered in a
2-11 suit brought under this subchapter by a local government shall be
2-12 equally divided between:
2-13 (1) the state; and
2-14 (2) the local government that brought the suit.
2-15 (b) The state shall deposit its part of a penalty recovered
2-16 in a suit brought by a local government for a violation of Chapter
2-17 371, Health and Safety Code, or a rule or order adopted under that
2-18 chapter to the credit of the used oil recycling account.
2-19 SECTION 3. Section 7.141, Water Code, is amended to read as
2-20 follows:
2-21 Sec. 7.141. DEFINITIONS. In this subchapter:
2-22 (1) "Air contaminant" has the meaning assigned by
2-23 Section 382.003, Health and Safety Code.
2-24 (2) "Appropriate regulatory agency" means the
2-25 commission, the Texas Department of Health, or any other agency
2-26 authorized to regulate the handling and disposal of medical waste.
2-27 (3) "Class I industrial solid waste" has the meaning
3-1 assigned by Section 361.003, Health and Safety Code.
3-2 (4) "Class I nonhazardous industrial solid waste" has
3-3 the meaning assigned by Section 361.003, Health and Safety Code.
3-4 (5) [(2)] "Corporation" and "association" have the
3-5 meanings assigned by Section 1.07, Penal Code, except that the
3-6 terms do not include a government.
3-7 (6) "Discharge" has the meaning assigned by Section
3-8 26.001 to the term "to discharge."
3-9 (7) "Hazardous waste" has the meaning assigned by
3-10 Section 361.003, Health and Safety Code.
3-11 (8) "Industrial solid waste" has the meaning assigned
3-12 by Section 361.003, Health and Safety Code.
3-13 (9) [(3)] "Large quantity generator" means a person
3-14 who generates more than 50 pounds of medical waste each month.
3-15 (10) [(4)] "Medical waste" includes animal waste, bulk
3-16 blood and blood products, microbiological waste, pathological
3-17 waste, sharps, and special waste from health care-related
3-18 facilities as those terms are defined in 25 T.A.C. Section 1.132
3-19 (Texas Department of Health, Definition, Treatment, and Disposition
3-20 of Special Waste from Health Care-Related Facilities). The term
3-21 does not include medical waste produced on farmland and ranchland
3-22 as defined by Section 252.001(6), Agriculture Code.
3-23 (11) "Municipal solid waste" has the meaning assigned
3-24 by Section 361.003, Health and Safety Code.
3-25 (12) "On-site sewage disposal system" has the meaning
3-26 assigned by Section 366.002, Health and Safety Code.
3-27 (13) "Point source" has the meaning assigned by
4-1 Section 26.001.
4-2 (14) "Pollutant" has the meaning assigned by Section
4-3 26.001.
4-4 (15) "Pollution" has the meaning assigned by:
4-5 (A) Section 26.001 of this code with regard to
4-6 water; and
4-7 (B) Section 361.003, Health and Safety Code,
4-8 with regard to solid waste.
4-9 (16) "Processing" has the meaning assigned by:
4-10 (A) Section 361.003, Health and Safety Code,
4-11 with regard to solid waste;
4-12 (B) Section 371.003, Health and Safety Code,
4-13 with regard to used oil; or
4-14 (C) Section 401.003, Health and Safety Code,
4-15 with regard to radioactive waste.
4-16 (17) "Release" has the meaning assigned by Section
4-17 361.003, Health and Safety Code.
4-18 (18) [(5)] "Serious bodily injury" has the meaning
4-19 assigned by Section 1.07, Penal Code.
4-20 (19) [(6)] "Small quantity generator" means a person
4-21 who generates 50 pounds or less of medical waste each month.
4-22 (20) "Solid waste" has the meaning assigned by Section
4-23 361.003, Health and Safety Code.
4-24 (21) "Solid waste facility" has the meaning assigned
4-25 by Section 361.003, Health and Safety Code.
4-26 (22) "Underground storage tank" has the meaning
4-27 assigned by Section 26.342.
5-1 (23) "Used oil" has the meaning assigned by Section
5-2 371.003, Health and Safety Code.
5-3 (24) "Waste" has the meaning assigned by Section
5-4 26.001.
5-5 (25) "Water" has the meaning assigned by Section
5-6 26.001.
5-7 SECTION 4. Section 7.173, Water Code, is amended to read as
5-8 follows:
5-9 Sec. 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL [NEAR
5-10 INTERNATIONAL BORDER]. (a) A person commits an offense if the
5-11 person violates a rule adopted by the commission under Chapter 366,
5-12 Health and Safety Code, or an order or resolution adopted by an
5-13 authorized agent under Subchapter C, Chapter 366, Health and Safety
5-14 Code[, in a county that is contiguous to an international border].
5-15 (b) Except as provided by this subsection, an offense under
5-16 this section is a Class C misdemeanor. If it is shown on the trial
5-17 of the defendant that the defendant has been previously convicted
5-18 of an offense under this section, the offense is punishable under
5-19 Section 7.187(1)(A) or Section 7.187(2)(A) or both.
5-20 SECTION 5. Section 7.187, Water Code, is amended to read as
5-21 follows:
5-22 Sec. 7.187. PENALTIES. (a) A person convicted of an
5-23 offense under this subchapter is punishable by:
5-24 (1) a fine, as imposed under the section creating the
5-25 offense, of:
5-26 (A) not more than $1,000;
5-27 (B) not less than $1,000 or more than $50,000;
6-1 (C) not less than $1,000 or more than $100,000;
6-2 (D) not less than $1,000 or more than $250,000;
6-3 (E) not less than $2,000 or more than $500,000;
6-4 (F) not less than $5,000 or more than
6-5 $1,000,000;
6-6 (G) not less than $10,000 or more than
6-7 $1,500,000; or
6-8 (H) not more than twice the amount of the
6-9 required fee;
6-10 (2) confinement or imprisonment for a period, as
6-11 imposed by the section creating the offense, of [not to exceed]:
6-12 (A) not more than 30 days in jail;
6-13 (B) not more than 90 days in jail;
6-14 (C) not more than 180 days in jail;
6-15 (D) not more than one year or less than 180 days
6-16 in a state jail;
6-17 (E) not more than two years or less than 180
6-18 days in a state jail or in the institutional division;
6-19 (F) not more than five years or less than two
6-20 years in the institutional division;
6-21 (G) not more than 10 years or less than two
6-22 years in the institutional division;
6-23 (H) not more than 15 years or less than two
6-24 years in the institutional division;
6-25 (I) not more than 20 years or less than two
6-26 years in the institutional division; or
6-27 (J) not more than 30 years or less than two
7-1 years in the institutional division; or
7-2 (3) both fine and confinement or imprisonment, as
7-3 imposed by the section creating the offense.
7-4 (b) In this section, "institutional division" has the
7-5 meaning assigned by Section 1.07, Penal Code.
7-6 SECTION 6. Section 7.351, Water Code, is amended to read as
7-7 follows:
7-8 Sec. 7.351. CIVIL SUITS. If it appears that a violation or
7-9 threat of violation of Chapter 16, 26, 28, or 34 of this code, [or]
7-10 Chapter 361, 371, 372, or 382, Health and Safety Code, a provision
7-11 of Chapter 366, Health and Safety Code, under the jurisdiction of
7-12 an authorized agent as defined by Section 366.002, Health and
7-13 Safety Code, [or] a provision of Chapter 401, Health and Safety
7-14 Code, under the commission's jurisdiction, or a rule adopted or an
7-15 order or a permit issued under those chapters or provisions has
7-16 occurred or is occurring in the jurisdiction of a local government,
7-17 the local government or, in the case of a violation of Chapter 401,
7-18 Health and Safety Code, a person affected as defined in that
7-19 chapter, may institute a civil suit under Subchapter D in the same
7-20 manner as the commission [in a district court] by its own attorney
7-21 for the injunctive relief or civil penalty, or both, as authorized
7-22 by this chapter against the person who committed, is committing, or
7-23 is threatening to commit the violation.
7-24 SECTION 7. Sections 361.017(d) and (e), Health and Safety
7-25 Code, are amended to read as follows:
7-26 (d) In matters relating to industrial solid waste and
7-27 hazardous municipal waste, the commission shall[:]
8-1 [(1)] consider the public health aspects and the air
8-2 pollution control and ambient air quality aspects[; and]
8-3 [(2) consult with the attorney general's office for
8-4 assistance in determining whether referral to the attorney general
8-5 for enforcement is mandatory under Section 361.224 or whether
8-6 referral is appropriate, in the commission's discretion, for the
8-7 disposition of enforcement matters under this chapter.]
8-8 [(e) If referral is determined to be mandatory or
8-9 appropriate, the commission shall consult with the attorney
8-10 general's office for assistance in determining whether criminal or
8-11 civil enforcement action should be taken. The commission shall use
8-12 all available enforcement options].
8-13 SECTION 8. Section 366.016, Health and Safety Code, is
8-14 amended to read as follows:
8-15 Sec. 366.016. EMERGENCY ORDERS. The commission or
8-16 authorized agent may issue an emergency order concerning an on-site
8-17 sewage disposal system under Section 5.513 [5.517], Water Code.
8-18 SECTION 9. Section 382.015(d), Health and Safety Code, is
8-19 amended to read as follows:
8-20 (d) The commission is entitled to the remedies provided by
8-21 Subchapter L, Chapter 5, Water Code, and Subchapters B, C, and D,
8-22 Chapter 7, Water Code, [Sections 382.082-382.085] if a member,
8-23 employee, or agent is refused the right to enter public or private
8-24 property as provided by this section.
8-25 SECTION 10. Section 382.023(b), Health and Safety Code, is
8-26 amended to read as follows:
8-27 (b) If it appears that this chapter or a commission rule,
9-1 order, or determination is being violated, the commission, or the
9-2 executive director if authorized by the commission or this chapter,
9-3 may proceed under Subchapter B, C, or D, Chapter 7, Water Code
9-4 [Sections 382.082-382.084], or hold a public hearing and issue
9-5 orders on the alleged violation, or take any other action
9-6 authorized by this chapter as the facts may warrant.
9-7 SECTION 11. Sections 5.117, 7.068, and 26.2171, Water Code,
9-8 and Section 371.043, Health and Safety Code, are repealed.
9-9 SECTION 12. This Act takes effect September 1, 1999.
9-10 SECTION 13. (a) The changes in law made by this Act apply
9-11 only to an offense or violation committed or an action commenced on
9-12 or after the effective date of this Act. For purposes of this
9-13 section an offense or violation is committed before the effective
9-14 date of this Act if any element of the offense or violation occurs
9-15 before that date.
9-16 (b) An offense or violation committed or an action commenced
9-17 before the effective date of this Act is covered by the law in
9-18 effect when the offense or violation was committed or the action
9-19 commenced, and the former law is continued in effect for that
9-20 purpose.
9-21 SECTION 14. The importance of this legislation and the
9-22 crowded condition of the calendars in both houses create an
9-23 emergency and an imperative public necessity that the
9-24 constitutional rule requiring bills to be read on three several
9-25 days in each house be suspended, and this rule is hereby suspended.