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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality to adjust a fee or administrative penalty assessed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.703, Water Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) The commission may not reduce a generally applicable fee |
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the commission by rule has established for a permit application, |
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report, service provided by the commission, or other matter to an |
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amount that is less than 25 percent of the established fee unless |
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the commission by rule establishes that reduced amount as the new |
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generally applicable fee. |
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SECTION 2. Subchapter C, Chapter 7, Water Code, is amended |
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by adding Section 7.0671 to read as follows: |
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Sec. 7.0671. LIMITATION ON AUTHORITY TO REDUCE |
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ADMINISTRATIVE PENALTY. The commission may not reduce an |
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administrative penalty the commission has finally assessed against |
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a person to an amount that is less than 25 percent of the penalty |
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amount assessed, including a reduction of a penalty as otherwise |
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authorized by Section 7.067. |
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SECTION 3. Sections 5.703(d) and 7.0671, Water Code, as |
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added by this Act, apply to any fee or administrative penalty owed |
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to the commission on or after the effective date of this Act except |
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for a fee or administrative penalty the amount of which has been |
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reduced by an enforceable agreement entered into before the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |