77R12502 JAT-F                          
         By Brown                                               S.B. No. 687
         Substitute the following for S.B. No. 687:
         By Chisum                                          C.S.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.  Sections 7.145(a) and (b), Water Code, are
 1-6     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  Section 7.146, Water Code, is repealed.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
 2-1     before that date.
 2-2           (b)  An offense committed before the effective date of this
 2-3     Act is covered by the law in effect when the offense was committed,
 2-4     and the former law is continued in effect for that purpose.
 2-5           SECTION 4.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.