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.