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.  Subsections (a) and (b), Section 7.145, Water
 1-6     Code, are amended to read as follows:
 1-7           (a)  A person commits an offense if the person, acting
 1-8     intentionally or knowingly with respect to the person's conduct,
 1-9     discharges or allows the discharge of a waste or pollutant:
1-10                 (1)  into or adjacent to water in the state that causes
1-11     or threatens to cause water pollution unless the waste or pollutant
1-12     is discharged in strict compliance with all required permits or
1-13     with an order issued or a rule adopted by the appropriate
1-14     regulatory agency; or
1-15                 (2)  from a point source in violation of Chapter 26 or
1-16     of a rule, permit, or order of the appropriate regulatory agency.
1-17           (b)  An offense under this section is punishable for an
1-18     individual under Section 7.187(1)(C) or Section 7.187(2)(F)
1-19     [7.187(2)(D)] or both.
1-20           SECTION 2.  Section 7.146, Water Code, is repealed.
1-21           SECTION 3.  (a)  The change in law made by this Act applies
1-22     only to an offense committed on or after the effective date of this
1-23     Act.  For purposes of this section, an offense is committed before
1-24     the effective date of this Act if any element of the offense occurs
1-25     before that date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 4.  This Act takes effect immediately if it receives
 2-5     a vote of two-thirds of all the members elected to each house, as
 2-6     provided by Section 39, Article III, Texas Constitution.  If this
 2-7     Act does not receive the vote necessary for immediate effect, this
 2-8     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 687 passed the Senate on
         March 15, 2001, by the following vote:  Yeas 30, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendment on May 26, 2001, by the following vote:  Yeas 30, Nays 0,
         one present not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 687 passed the House, with
         amendment, on May 23, 2001, by the following vote:  Yeas 137,
         Nays 0, two present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor