78R5137 JTS-F
By: Bonnen H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the definition of "dispose of" for purposes of criminal
penalties imposed under the Water Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.141, Water Code, is amended by adding
Subdivision (2-a) to read as follows:
(2-a) "Dispose of" means to discharge, deposit,
inject, dump, spill, leak, or place solid waste, hazardous waste,
medical waste, used oil, low-level radioactive waste, or a
lead-acid battery, whether containerized or uncontainerized, into
or on land or water so that the solid waste, hazardous waste,
medical waste, used oil, low-level radioactive waste, lead-acid
battery, or any constituent thereof may be emitted into the air,
discharged into surface water or groundwater, or introduced into
the environment in any other manner. The term does not include
passive migration, continuous release, seepage, or other movement
that occurs:
(A) after the substance is initially disposed of;
and
(B) without human initiation or assistance.
SECTION 2. (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 change in law made by this Act applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.