1-1                                   AN ACT
 1-2     relating to the penalties for operating certain facilities without
 1-3     obtaining a permit under the Texas Clean Air Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter L, Chapter 5, Water Code, is amended
 1-6     by adding Section 5.5145 to read as follows:
 1-7           Sec. 5.5145.  EMERGENCY ORDER CONCERNING OPERATION OF ROCK
 1-8     CRUSHER OR CONCRETE PLANT WITHOUT PERMIT.  The commission shall
 1-9     issue an emergency order under this subchapter suspending
1-10     operations of a rock crusher or a concrete plant that performs wet
1-11     batching, dry batching, or central mixing and is required to obtain
1-12     a permit under Section 382.0518, Health and Safety Code, and is
1-13     operating without the necessary permit.
1-14           SECTION 2.  Section 7.052, Water Code, is amended by adding a
1-15     new Subsection (b), relettering existing Subsection (b) as
1-16     Subsection (c), and  amending and relettering existing Subsection
1-17     (c) as Subsection (d) to read as follows:
1-18           (b)  The amount of the penalty for operating a rock crusher
1-19     or a concrete plant that performs wet batching, dry batching, or
1-20     central mixing, that is required to obtain a permit under Section
1-21     382.0518, Health and Safety Code, and that is operating without the
1-22     required permit is $10,000.  Each day that a continuing violation
1-23     occurs is a separate violation.
1-24           (c)  The amount of the penalty for all other violations
1-25     within the jurisdiction of the commission to enforce may not exceed
 2-1     $10,000 a day for each violation.
 2-2           (d)  Except as provided by Subsection (b), each [(c)  Each]
 2-3     day that a continuing violation occurs may be considered a separate
 2-4     violation.  The commission may authorize an installment payment
 2-5     schedule for an administrative penalty assessed under this
 2-6     subchapter, except for an administrative penalty assessed under
 2-7     Section 7.057 or assessed after a hearing under Section 7.058.
 2-8           SECTION 3.  The changes in law made by Section 5.5145, Water
 2-9     Code, as added by this Act, and Section 7.052, Water Code, as
2-10     amended by this Act, apply only to a violation that occurs on or
2-11     after the effective date of this Act.  A violation that occurs
2-12     before that date is governed by the law in effect at the time the
2-13     violation occurred, and the former law is continued in effect for
2-14     that purpose.
2-15           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1390 passed the Senate on
         April 25, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1390 passed the House on
         May 23, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor