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79R7761 JTS-F
By: Phillips H.B. No. 2133
A BILL TO BE ENTITLED
AN ACT
relating to the use of an administrative penalty imposed by the
Texas Commission on Environmental Quality against a municipally
owned utility to ameliorate the violation for which the penalty was
imposed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Water Code, is amended
by adding Section 7.034 to read as follows:
Sec. 7.034. AMELIORATION OF VIOLATION BY MUNICIPALLY OWNED
UTILITY. (a) In this section, "municipally owned utility" and
"facilities" have the meanings assigned by Section 13.002.
(b) In lieu of ordering payment of an administrative penalty
under Subchapter C against a municipally owned utility for a
deficiency in the utility's facilities, the commission may allow
the utility to use any portion of the penalty to ameliorate the
violation or to improve the facilities.
SECTION 2. Section 7.034, Water Code, as added by this Act,
applies only to a violation that occurs on or after the effective
date of this Act. A violation that occurs before the effective date
of this Act is covered by the law in effect on the date the violation
occurred, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2005.