By: Brown S.B. No. 687
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal penalties for the intentional or knowing
1-3 discharge of waste or pollutants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.145, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE.
1-8 (a) A person commits an offense if the person, acting
1-9 intentionally or knowingly with respect to the person's conduct,
1-10 discharges or allows the discharge of a waste or pollutant:
1-11 (1) into or adjacent to water in the state that causes
1-12 or threatens to cause water pollution unless the waste or pollutant
1-13 is discharged in strict compliance with all required permits or
1-14 with an order issued or a rule adopted by the appropriate
1-15 regulatory agency; or
1-16 (2) from a point source in violation of Chapter 26 or
1-17 of a rule, 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 SECTION 2. Section 7.146, Water Code, is repealed.
1-22 SECTION 3. This Act takes effect immediately if it receives
1-23 a vote of two-thirds of the members elected to each house, as
1-24 provided by Section 39, Article III, Texas Constitution. If this
1-25 Act does not receive the vote necessary for immediate effect, this
2-1 Act takes effect September 1, 2001.