78R4393 JJT-D

By:  Christian                                                    H.B. No. 1416



A BILL TO BE ENTITLED

AN ACT

relating to environmental standards applicable to certain small 
counties and fines or other penalties for violations of the 
standards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 7, Water Code, is amended 
by adding Section 7.0535 to read as follows:
	Sec. 7.0535.  ALTERNATIVE MAXIMUM ADMINISTRATIVE PENALTY 
FOR CERTAIN SMALL COUNTIES.  Notwithstanding any other provision of 
this code or of the Health and Safety Code, a penalty imposed under 
this subchapter on a county with a population of less than 75,000 
for a violation of a statute under the commission's jurisdiction or 
of a rule adopted or an order or permit issued under such a statute 
may not exceed the amount of the penalty that would be imposed on 
the county for the violation of a federal rule, order, or permit for 
the same or similar type of violation, if the behavior or incident 
that subjects the county to the penalty may result in the county 
being subject to a federal penalty.
	SECTION 2.  Subchapter D, Chapter 7, Water Code, is amended 
by adding Section 7.1045 to read as follows:
	Sec. 7.1045.  ALTERNATIVE MAXIMUM CIVIL PENALTY FOR CERTAIN 
SMALL COUNTIES.  Notwithstanding any other provision of this code 
or of the Health and Safety Code, a civil penalty a court imposes on 
a county with a population of less than 75,000 for a violation of a 
statute under the commission's jurisdiction or of a rule adopted or 
an order or permit issued under such a statute may not exceed the 
amount of the civil penalty that would be imposed on the county for 
the violation of a federal rule, order, or permit for the same or 
similar type of violation, if the behavior or incident that 
subjects the county to the penalty may result in the county being 
subject to a federal penalty.
	SECTION 3.  Subchapter D, Chapter 5, Water Code, is amended 
by adding Section 5.135 to read as follows:
	Sec. 5.135.  ALTERNATIVE ENVIRONMENTAL STANDARDS FOR 
CERTAIN SMALL COUNTIES.  Notwithstanding any other provision of 
this code or of the Health and Safety Code, the commission by rule 
shall adopt standards under environmental statutes under the 
commission's jurisdiction so that each environmental standard 
applicable to a county with a population of less than 75,000 to 
which there is a comparable federal environmental standard also 
applicable to the county is not more stringent than that federal 
standard.
	SECTION 4.  (a) This Act takes effect September 1, 2003.                       
	(b)  Sections 7.0535 and 7.1045, Water Code, as added by this 
Act, apply only to:
		(1)  a violation that occurs on or after September 1, 
2003; and             
		(2)  a suit to recover a civil penalty under Section 
7.105, Water Code, that is instituted on or after September 1, 2003, 
for a violation that occurs on or after that date.
	(c)  The Texas Commission on Environmental Quality shall 
adopt rules under Section 5.135, Water Code, as added by this Act,
as soon as practicable.  The rules must be effective not later than 
January 31, 2004.