78R5254 MI-F

By:  Haggerty                                                     H.B. No. 1005



A BILL TO BE ENTITLED

AN ACT

relating to emergency orders and penalties for rock crushers and 
concrete plants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.5145, Water Code, is amended to read as 
follows:       
	Sec. 5.5145.  EMERGENCY ORDER CONCERNING OPERATION OF ROCK 
CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may
[shall] issue an emergency order under this subchapter suspending 
operations of a rock crusher or a concrete plant that performs wet 
batching, dry batching, or central mixing and is required to obtain 
a permit under Section 382.0518, Health and Safety Code, and is 
operating without the necessary permit.
	SECTION 2.  Section 7.052(b), Water Code, is amended to read 
as follows:     
	(b)  The amount of the penalty for operating a rock crusher 
or a concrete plant that performs wet batching, dry batching, or 
central mixing, that is required to obtain a permit under Section 
382.0518, Health and Safety Code, and that is operating without the 
required permit may not exceed [is] $10,000. Each day that a 
continuing violation occurs may be considered [is] a separate 
violation.
	SECTION 3.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The changes in law made by Sections 5.5145 and 7.052(b), 
Water Code, as amended by this Act, apply only to an offense 
committed on or after the effective date of this Act.  For purposes 
of this section an offense is committed before the effective date of 
this Act if any element of the offense occurs before that date.  An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.