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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and enforcement of dam safety by the |
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Texas Commission on Environmental Quality; providing civil and |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.0842(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) If a person violates this chapter, a rule or order |
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adopted under this chapter, Section 12.052, or Section 16.236, or a |
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permit, certified filing, or certificate of adjudication issued |
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under this chapter, the commission may assess an administrative |
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penalty against that person as provided by this section. The |
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commission may assess an administrative penalty for a violation |
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relating to a water division or a river basin or segment of a river |
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basin regardless of whether a watermaster has been appointed for |
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the water division or river basin or segment of the river basin. |
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(b) The penalty may be in an amount not to exceed $5,000 for |
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each day the person is in violation of this chapter, a [the] rule or |
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order adopted under this chapter, or a [the] permit, certified |
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filing, or certificate of adjudication issued under this chapter. |
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The penalty may be in an amount not to exceed $10,000 for each day |
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the person is in violation of a rule or order adopted under Section |
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12.052. The penalty may be in an amount not to exceed $1,000 for |
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each day the person is in violation of a [the] rule or order adopted |
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under Section 16.236 [of this code]. Each day a violation continues |
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may be considered a separate violation for purposes of penalty |
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assessment. |
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SECTION 2. Section 12.052, Water Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsections (g) |
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and (h) to read as follows: |
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(a) The commission shall make and enforce rules and orders |
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and shall perform all other acts necessary to provide for the safe |
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construction, maintenance, operation, repair, and removal of dams |
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located in this state. In determining the frequency that dams |
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located in this state are inspected, the commission shall give |
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preference to inspecting dams that are classified as posing a high |
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or significant hazard as defined by commission rule. |
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(c) If the owner of a dam that is required to be constructed, |
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reconstructed, maintained, operated, repaired, or removed in order |
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to comply with the rules and orders promulgated under [Subsection
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(a) of] this section wilfully fails or refuses to comply within the |
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30-day period following the date of the commission's final, |
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nonappealable order to do so or if a person wilfully fails to comply |
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with any rule or other order issued by the commission under this |
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section within the 30-day period following the effective date of |
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the order, the person [he] is liable for [to] a penalty of not more |
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than $10,000 [$5,000] a day for each day the person [he] continues |
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to violate this section. The state may recover the penalty by suit |
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brought for that purpose in the district court of Travis County. |
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(e) If the commission issues an emergency order under |
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authority of this section without notice to the dam owner, the |
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commission shall fix a time and place for a hearing which shall be |
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held as soon as practicable to affirm, modify, or set aside the |
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emergency order. The notice does not have to comply with Chapter |
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2001, Government Code. If the nature of the commission's action |
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requires further proceedings, those proceedings shall be conducted |
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as appropriate under Chapter 2001, Government Code [the
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Administrative Procedure and Texas Register Act, as amended
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(Article 6252-13a, Vernon's Texas Civil Statutes)]. |
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(g) The commission may assess an administrative penalty as |
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provided by Section 11.0842 against a person who violates a rule or |
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order adopted under this section. |
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(h) This section does not affect the right of any private |
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corporation, individual, or political subdivision that has a |
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justiciable interest in pursuing any available common law remedy to |
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enforce a right or to prevent or seek redress or compensation for |
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the violation of a right or otherwise redress an injury. |
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SECTION 3. (a) The changes in law made by this Act to |
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Sections 11.0842 and 12.052, Water Code, apply only to a violation |
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that occurs on or after the effective date of this Act. For |
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purposes of this section, a violation occurs before the effective |
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date of this Act if any element of the violation occurs before that |
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date. |
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(b) A violation that occurs before the effective date of |
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this Act is governed by the law in effect on the date of the |
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violation, and the former law is continued in effect for that |
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purpose. |
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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, 2009. |