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A BILL TO BE ENTITLED
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AN ACT
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relating to penalty assessment for violations of the Texas Clean |
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Air Act committed by major sources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.052(c), Water Code, is amended to read |
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as follows: |
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(c) Except as provided by Section 7.0526, the [The] amount |
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of the penalty for all other violations within the jurisdiction of |
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the commission to enforce may not exceed $10,000 a day for each |
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violation. |
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SECTION 2. Subchapter C, Chapter 7, Water Code, is amended |
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by adding Section 7.0526 to read as follows: |
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Sec. 7.0526. PENALTIES FOR CERTAIN VIOLATIONS OF CLEAN AIR |
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ACT. (a) In this section, "major source" has the meaning assigned |
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by Section 501 of the federal Clean Air Act (42 U.S.C. Section |
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7661). |
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(b) For a violation of Chapter 382, Health and Safety Code, |
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committed by a major source that is required to obtain a permit |
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under that chapter, the commission shall assess a penalty in an |
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amount that is equal to or more than the total of: |
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(1) the economic benefit gained through the violation, |
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including any costs avoided due to the violation; and |
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(2) the amount necessary to deter future violations. |
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(c) For purposes of assessing a penalty for a violation of |
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Chapter 382, Health and Safety Code, against a major source that is |
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required to obtain a permit under that chapter, each day that a |
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continuing violation occurs is a separate violation. |
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SECTION 3. The change in law made by this Act applies only |
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to a violation of Chapter 382, Health and Safety Code, that occurs |
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on or after the effective date of this Act. A violation of Chapter |
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382, Health and Safety Code, that occurs before the effective date |
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of this Act is governed by the law in effect when the violation |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, a violation occurs before |
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the effective date of this Act if any element of the violation |
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occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |