This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

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.