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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an administrative penalty imposed by the |
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Texas Commission on Environmental Quality against a municipally |
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owned utility to ameliorate the violation for which the penalty was |
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imposed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 7, Water Code, is amended |
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by adding Section 7.034 to read as follows: |
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Sec. 7.034. AMELIORATION OF DEFICIENCY IN MUNICIPALLY OWNED |
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UTILITY FACILITIES. (a) In this section, "municipally owned |
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utility" and "facilities" have the meanings assigned by Section |
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13.002. |
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(b) In lieu of ordering payment of an administrative penalty |
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under Subchapter C against a municipally owned utility for a |
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deficiency in the utility's facilities, the commission may allow |
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the utility to use any portion of the penalty to ameliorate the |
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deficiency or to address other deficiencies in the facilities. |
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SECTION 2. Section 7.034, Water Code, as added by this Act, |
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applies only to a violation that occurs on or after the effective |
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date of this Act. A violation that occurs before the effective date |
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of this Act is covered by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007 |
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. |