SRC-MWN S.B. 687 77(R)BILL ANALYSIS


Senate Research CenterS.B. 687
By: Brown, J. E. "Buster"
Natural Resources
6/5/2001
Enrolled


DIGEST AND PURPOSE 

Intentional unauthorized discharges from a point source are treated the
same as unintentional unauthorized discharges. S.B. 687 enhances the
penalties for intentional unauthorized discharges and creates a lesser
offense for an unauthorized discharge. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 7.145(a) and (b), Water Code, to provide that a
person commits an offense if the person, acting intentionally or knowingly
with respect to the person's conduct, 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 unless the waste or pollutant is
discharged in strict compliance with all required permits or with an order
issued or a rule adopted by the appropriate regulatory agency; or from a
point source in violation of Chapter 26 or of a rule, permit, or order of
the appropriate regulatory agency.  

(b)  Provides that an offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(F), rather than
(D), or both. 

SECTION 2. Repealer: Section 7.146 (Discharge From a Point Source), Water
Code. 

SECTION 3. Effective date: upon passage or September 1, 2001.