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.