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


Senate Research CenterC.S.S.B. 687
By: Brown, J. E. "Buster"
Natural Resources
2/28/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, intentional unauthorized discharges from a point source are
treated the same as unintentional unauthorized discharges. C.S.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 Section 7.145, Water Code, as follows:

Sec. 7.145. New heading: INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE.
Provides 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. 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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 687, Section 7.145, Water Code, as follows:

 _Adds new heading "INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE."

 _Adds proposed language pertaining to discharge of a waste or pollutant
"into or adjacent to water in the state that causes or threatens to cause
water pollution unless discharged in strict compliance with all required
permits or with an order by the appropriate regulatory agency." 

 

SECTION 2. Amends As Filed S.B. 687, Section 7.146, Water Code, as follows:
 
 _Repeals Section 7.146 (Discharge From Point Source), Water Code, rather
than amending it as proposed in the As Filed version. 
  
 _Redesignates previously proposed language in SECTION 2  to SECTION 1. 

SECTION 3. Deletes previously proposed SECTION regarding unauthorized
discharge from a                point source.  

SECTION 4. Redesignates effective date to SECTION 3.