By Turner of Harris                                   H.B. No. 2338
         77R6338 JAT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to violations of the Clean Air Act.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 7.177, Water Code, is amended to read as
 1-5     follows:
 1-6           Sec. 7.177.  VIOLATIONS OF CLEAN AIR ACT. (a)  A person
 1-7     commits an offense if the person intentionally or knowingly, with
 1-8     respect to the person's conduct, violates:
 1-9                 (1)  Section 382.0518(a), Health and Safety Code;
1-10                 (2)  Section 382.054, Health and Safety Code;
1-11                 (3)  Section 382.056(a), Health and Safety Code; or
1-12                 (4)  Section 382.058(a), Health and Safety Code[; or]
1-13                 [(5)  an order, permit, or exemption issued or a rule
1-14     adopted under Chapter 382, Health and Safety Code].
1-15           (b)  A person commits an offense if the person violates an
1-16     order, permit, or exemption issued or a rule adopted under Chapter
1-17     382, Health and Safety Code.
1-18           (c)  An offense under Subsection (b) may be prosecuted
1-19     without alleging or proving a culpable mental state.
1-20           (d)  An offense under Subsection (a) [this section] is
1-21     punishable for an individual under Section 7.187(1)(C)
1-22     [7.187(1)(B)] or Section 7.187(2)(D) [7.187(2)(C)] or both.
1-23           (e) [(c)]  An offense under Subsection (a) [this section] is
1-24     punishable for a person other than an individual under Section
 2-1     7.187(1)(D) [7.187(1)(C)].
 2-2           (f)  An offense under Subsection (b) is punishable for an
 2-3     individual under Section 7.187(1)(B) or Section 7.187(2)(C) or
 2-4     both.
 2-5           (g)  An offense under Subsection (b) is punishable for a
 2-6     person other than an individual under Section 7.187(1)(C).
 2-7           SECTION 2. (a)  This Act takes effect September 1, 2001.
 2-8           (b)  The change in law made by this Act applies only to an
 2-9     offense committed on or after the effective date of this Act. For
2-10     purposes of this section, an offense is committed before the
2-11     effective date of this Act if any element of the offense occurs
2-12     before that date.
2-13           (c)  An offense committed before the effective date of this
2-14     Act is covered by the law in effect when the offense was committed,
2-15     and the former law is continued in effect for that purpose.