By Turner of Harris                                   H.B. No. 1898
         77R6336 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the effect of payment of an administrative penalty
 1-3     assessed by the Texas Natural Resource Conservation Commission on
 1-4     the imposition of a criminal penalty for the same violation.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 7.068, Water Code, is amended to read as
 1-7     follows:
 1-8           Sec. 7.068.  EFFECT OF PAYMENT ON CIVIL AND CRIMINAL
 1-9     PENALTIES [FULL AND COMPLETE SATISFACTION].  Payment of an
1-10     administrative penalty under this subchapter [is full and complete
1-11     satisfaction of the violation for which the penalty is assessed
1-12     and] precludes any other civil [or criminal] penalty for the same
1-13     violation but does not preclude a criminal penalty for the same
1-14     violation.
1-15           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-16           (b)  The change in law made by this Act applies only to a
1-17     violation committed on or after the effective date of this Act.
1-18     For purposes of this section, a violation is committed before the
1-19     effective date of this Act if any element of the violation occurs
1-20     before that date.
1-21           (c)  A violation committed before the effective date of this
1-22     Act is covered by the law in effect when the violation was
1-23     committed, and the former law is continued in effect for that
1-24     purpose.