By: Smith of Harris H.B. No. 2876
relating to violations relating to hazardous waste.
       SECTION 1.  Section 7.162, Water Code, is amended to read as
person commits an offense if the person[, acting] intentionally or
knowingly acts in any of the following ways [with respect to the
person's conduct]:
             (1)  transports, or causes or allows to be transported,
for storage, processing, or disposal, any hazardous waste to any
location without [that does not have] all required permits;
             (2)  stores, processes, exports or disposes of, or
causes to be stored, processed, exported, or disposed of, any
hazardous waste without all permits required by the appropriate
regulatory agency or in knowing violation of any material condition
or requirement of a permit or of an applicable interim status rule
or standard;
             (3)  omits or causes to be omitted material information
or makes or causes to be made any false material statement or
representation in any application, label, manifest, record,
report, permit, plan or other document filed[,] or required to be 
maintained[,] or used to comply with any requirement of Chapter
361, Health and Safety Code, applicable to hazardous waste;
             (4)  generates, transports, stores, processes, or
disposes of, or otherwise handles, or causes to be generated,
transported, stored, processed, disposed of, or otherwise handled,
hazardous waste, whether the activity took place before or after
September 1, 1981, and who knowingly destroys, alters, conceals, or
does not file, or cause to be destroyed, altered, concealed, or not
filed, any record, application, manifest, report, or other document
required to be maintained or filed to comply with the rules of the
appropriate regulatory agency adopted under Chapter 361, Health and
Safety Code;
             (5)  transports without a manifest, or cause or allows
to be transported without a manifest, any hazardous waste required
by rules adopted under Chapter 361, Health and Safety Code, to be
accompanied by a manifest;
             (6)  tampers with, modifies, disables, or fails to use
required pollution control or monitoring devices, systems,
methods, or practices, unless done in strict compliance with
Chapter 361, Health and Safety Code, or with an order, rule, or
permit of the appropriate regulatory agency;
             (7)  releases, causes, or allows the release of a
hazardous waste that causes or threatens to cause pollution, unless
the release is made in strict compliance with a [all] required
permit [permits] or an order[,] or rule[, or permit] of the
appropriate regulatory agency; or
             (8)  does not notify or report to the appropriate
regulatory agency as required by Chapter 361, Health and Safety
Code, or by a rule adopted or an order or a permit issued by the
appropriate regulatory agency under that chapter.
       SECTION 2.  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, 2007.