By Chisum H.B. No. 3020
77R7718 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense relating to, and increased
1-3 criminal penalties for, certain discharges of waste or pollutants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.145(b), Water Code, is amended to read
1-6 as follows:
1-7 (b) An offense under this section is punishable for an
1-8 individual under Section 7.187(1)(C) or Section 7.187(2)(F)
1-9 [7.187(2)(D)] or both.
1-10 SECTION 2. Section 7.146, Water Code, is amended to read as
1-11 follows:
1-12 Sec. 7.146. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE
1-13 FROM POINT SOURCE. (a) A person commits an offense if the person,
1-14 acting intentionally or knowingly with respect to the person's
1-15 conduct, discharges or allows the discharge of a waste or pollutant
1-16 from a point source in violation of Chapter 26 or of a rule,
1-17 permit, or order of the appropriate regulatory agency.
1-18 (b) An offense under this section is punishable for an
1-19 individual under Section 7.187(1)(C) or Section 7.187(2)(F)
1-20 [7.187(2)(D)] or both.
1-21 (c) An offense under this section is punishable for a person
1-22 other than an individual under Section 7.187(1)(D).
1-23 SECTION 3. Subchapter E, Chapter 7, Water Code, is amended by
1-24 adding Section 7.1471 to read as follows:
2-1 Sec. 7.1471. UNAUTHORIZED DISCHARGE FROM POINT SOURCE. (a)
2-2 A person commits an offense if the person discharges or allows the
2-3 discharge of a waste or pollutant from a point source in violation
2-4 of Chapter 26 or a rule adopted or permit or order issued under
2-5 that chapter.
2-6 (b) An offense under this section may be prosecuted without
2-7 alleging or proving a culpable mental state.
2-8 (c) An offense under this section is punishable for an
2-9 individual under Section 7.187(1)(B) or Section 7.187(2)(D) or
2-10 both.
2-11 (d) An offense under this section is punishable for a person
2-12 other than an individual under Section 7.187(1)(C).
2-13 SECTION 4. (a) The change in law made by this Act applies
2-14 only to an offense committed on or after the effective date of this
2-15 Act. For purposes of this section, an offense is committed on or
2-16 after the effective date of this Act if any element of the offense
2-17 occurs on or after that date.
2-18 (b) An offense committed before the effective date of this
2-19 Act is governed by the law in effect at the time the offense was
2-20 committed, and the former law is continued in effect for that
2-21 purpose.
2-22 SECTION 5. This Act takes effect immediately if it receives
2-23 a vote of two-thirds of all the members elected to each house, as
2-24 provided by Section 39, Article III, Texas Constitution. If this
2-25 Act does not receive the vote necessary for immediate effect, this
2-26 Act takes effect September 1, 2001.