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.