1-1 By: Brown S.B. No. 687
1-2 (In the Senate - Filed February 13, 2001; February 15, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 1, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 1, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 687 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to criminal penalties for the intentional or knowing
1-11 discharge of waste or pollutants.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 7.145, Water Code, is amended to read as
1-14 follows:
1-15 Sec. 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE.
1-16 (a) A person commits an offense if the person, acting
1-17 intentionally or knowingly with respect to the person's conduct,
1-18 discharges or allows the discharge of a waste or pollutant:
1-19 (1) into or adjacent to water in the state that causes
1-20 or threatens to cause water pollution unless the waste or pollutant
1-21 is discharged in strict compliance with all required permits or
1-22 with an order issued or a rule adopted by the appropriate
1-23 regulatory agency; or
1-24 (2) from a point source in violation of Chapter 26 or
1-25 of a rule, permit, or order of the appropriate regulatory agency.
1-26 (b) An offense under this section is punishable for an
1-27 individual under Section 7.187(1)(C) or Section 7.187(2)(F)
1-28 [7.187(2)(D)] or both.
1-29 SECTION 2. Section 7.146, Water Code, is repealed.
1-30 SECTION 3. This Act takes effect immediately if it receives
1-31 a vote of two-thirds of the members elected to each house, as
1-32 provided by Section 39, Article III, Texas Constitution. If this
1-33 Act does not receive the vote necessary for immediate effect, this
1-34 Act takes effect September 1, 2001.
1-35 * * * * *