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 Section 7.146, Water Code, is repealed.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