HBA-AMW H.B. 1896 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1896 By: Turner, Sylvester Environmental Regulation 3/29/2001 Introduced BACKGROUND AND PURPOSE Prior to 1997, all criminal penalties for environmental offenses were contained within each respective violation. Legislation enacted by the 75th Legislature consolidated all criminal penalties for environmental offenses in one specific section of statute. However, there is no delineation between misdemeanor and felony penalties under the current statute. The lack of a clear delineation between misdemeanor and felony penalties has led to challenges to the district court's jurisdiction over environmental offenses. House Bill 1896 clarifies which environmental penalty categories are misdemeanor violations and which categories are felony violations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1896 amends the Water code to clarify criminal penalties for certain environmental offenses by specifying that for offenses with an incarceration period of 30 days to one year the penalty is confinement in jail and for offenses with an incarceration period from two years to 30 years the penalty is imprisonment in the institutional division of the Texas Department of Criminal Justice. EFFECTIVE DATE September 1, 2001.