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.