HBA-KDB H.B. 3020 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3020
By: Chisum
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

It is a general principle of criminal law that offenses committed with
intent and knowledge should be treated more seriously than offense that is
not intentional.  There is concern that current law does not prescribe a
greater penalty for the intentional discharge of pollutants into the waters
of the state. In addition, current law does not prescribe penalties for an
unauthorized discharge of a waste or pollutant from a point source that is
not intentional.  House Bill 3020 increases the confinement period penalty
for an intentional discharge of pollutants and provides penalties for an
unauthorized discharge of pollutants from a point source. 

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 3020 amends the Water Code to increase the confinement period
penalty from one year to five years for a person who intentionally or
knowingly discharges or allows the discharge of a waste or pollutant into
or adjacent to water in the state that causes or threatens to cause water
pollution and for a person who intentionally or knowingly discharges or
allows the discharge of a waste or pollutant from a point source in
violation of the provisions regarding water quality control  or in
violation of a rule, permit, or order of the appropriate regulatory agency.

The bill provides that a person commits an offense if the person discharges
or allows the discharge of  a waste or pollutant from a point source in
violation of provisions regarding water quality control  or a rule adopted
or permit or order issued under those provisions.  The bill authorizes such
an offense to be prosecuted without alleging or proving a culpable mental
state.  An individual that commits such an offense is subject to a fine of
not less than $1,000 or more than $50,000, confinement for a period not to
exceed one year, or both.  A person other than an individual who commits
such an offense is subject to a fine of not less than $1,000 or more than
$100,000. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.