78R4328 MI-D

By:  Christian                                                    H.B. No. 1411



A BILL TO BE ENTITLED

AN ACT

relating to the disposition of a penalty imposed on a county by the 
Texas Commission on Environmental Quality.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 7.069, Water Code, is amended to read as 
follows:        
	Sec. 7.069.  DISPOSITION OF PENALTY.  (a)  Except as provided 
by Subsection (b), a [A] penalty collected under this subchapter 
shall be deposited to the credit of the general revenue fund.
	(b)  A penalty collected under this subchapter from a county 
with a population of less than 75,000 shall be deposited in the 
general fund of the county and used only:
		(1)  for correcting the violation for which the penalty 
was imposed; or
		(2)  if the commission approves a supplemental 
environmental project under Section 7.067, for implementing the 
supplemental environmental project.
	SECTION 2.  Section 7.107, Water Code, is amended to read as 
follows:        
	Sec. 7.107.  DISPOSITION [DIVISION] OF CIVIL PENALTY.  (a) 
Except in a suit brought for a violation of Chapter 28 of this code 
or of Chapter 401, Health and Safety Code, or as provided by 
Subsection (b), a civil penalty recovered in a suit brought under 
this subchapter by a local government shall be equally divided 
between:
		(1)  the state; and                                                           
		(2)  the local government that brought the suit.                              
	(b)  A penalty collected under this subchapter from a county 
with a population of less than 75,000 shall be deposited in the 
general fund of the county and used only  for correcting the 
violation for which the penalty was imposed.
	SECTION 3.  Section 7.190, Water Code, is amended to read as 
follows:        
	Sec. 7.190.  DISPOSITION OF FINES.  (a)  Except as provided 
by Subsection (b) or (c), a [A] fine recovered through a prosecution 
brought under this subchapter shall be divided equally between the 
state and any local government significantly involved in 
prosecuting the case.
	(b)  If [, except that if] the court determines that the 
state or the local government bore significantly more of the burden 
of prosecuting the case, the court may apportion up to 75 percent of 
the fine to the government that predominantly prosecuted the case.
	(c)  A fine collected under this subchapter from a county 
with a population of less than 75,000 shall be deposited in the 
general fund of the county and used only for correcting the 
violation for which the fine was imposed.
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act to Sections 7.069, 
7.107, and 7.190, Water Code, apply to a penalty or fine imposed on 
or after September 1, 2003.  A penalty or fine imposed before that 
date is governed by the law in effect on the date the penalty or fine 
was imposed, and that law is continued in effect for that purpose.