| TO: | Honorable Dennis Bonnen, Chair, House Committee on Environmental Regulation |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB1429 by Kuempel (Relating to the enforcement of the prohibition on constructing or operating certain rock crushers or concrete plants without the necessary Clean Air Act permit. ), Committee Report 1st House, Substituted |
The bill would amend Section 5.5145 of the Water Code to specify that an emergency order does not apply to an owner or operator of a rock crusher or concrete plant for which the owner has failed to renew a permit. An emergency order would apply only to those who have failed to obtain a permit or whose permit has been suspended or revoked.
The bill would amend Section 7.052(b) of the Water Code to cap the penalty at $10,000 for operating certain rock crushers or concrete plants without a permit, regardless of the number of days in violation. The current penalty is $10,000 for each day that a continuing violation occurs.
Based on the analysis of the Texas Commission on Environmental Quality, it is assumed the provisions of the bill would not result in a significant reduction in revenue collected from penalities.
The bill would take effect September 1, 2005.
| Source Agencies: | 304 Comptroller of Public Accounts, 582 Commission on Environmental Quality, 601 Department of Transportation
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| LBB Staff: | JOB, WK, MW, TG
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