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78R4394 JTS-D

By:  Christian                                                    H.B. No. 1410



A BILL TO BE ENTITLED

AN ACT

relating to a penalty assessed against a small county for a 
violation of an environmental law or regulation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 7, Water Code, is amended 
by adding Section 7.006 to read as follows:
	Sec. 7.006.  ENFORCEMENT ACTION AGAINST SMALL COUNTY.  The 
commission or other state agency authorized to assess a penalty 
under this chapter may not assess an administrative, civil, or 
criminal penalty against a county with a population of less than 
75,000 for a violation under the agency's jurisdiction if the 
county:
		(1)  has previously been assessed a penalty for the 
violation; and   
		(2)  submits proof satisfactory to the agency that the 
county is making progress in correcting the violation.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a violation committed by a small county on or after 
that date. A violation committed before the effective date of this 
Act is covered by the law in effect on the date the violation is 
committed, and the former law is continued in effect for that 
purpose.