By:  Brown                                             S.B. No. 687
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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(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)(([D]))
 1-9     or both.
1-10           SECTION 2.  Section 7.146, Water Code, is renamed and amended
1-11     to read as 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)(([D]))
1-20     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.  Chapter 7, Water Code, is amended by adding new
 2-1     Section 7.1471 to read as follows:
 2-2           Sec. 7.1471.  UNAUTHORIZED DISCHARGE FROM POINT SOURCE.
 2-3           (a)  A person commits an offense if the person discharges or
 2-4     allows the discharge of a waste or pollutant from a point source in
 2-5     violation of Chapter 26 or of a rule, permit, or order of the
 2-6     appropriate regulatory agency.
 2-7           (b)  An offense under this section may be prosecuted without
 2-8     alleging or proving any culpable mental state.
 2-9           (c)  An offense under this section is punishable for an
2-10     individual under section 7.187(1) (B) or Section 7.187(2) (D) or
2-11     both.
2-12           (d)  An offense under this section is punishable for a person
2-13     other than an individual under Section 7.187(1) (C).
2-14           SECTION 4.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.