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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain offenses involving |
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environmental quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.189, Water Code, is amended to read as |
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follows: |
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Sec. 7.189. VENUE. Venue for prosecution of an alleged |
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violation under this subchapter is in: |
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(1) the county in which the violation is alleged to |
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have occurred; |
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(2) the county where the defendant resides; or |
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(3) if the alleged violation involves the |
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transportation of a discharge, waste, or pollutant, any county to |
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which or through which the discharge, waste, or pollutant was |
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transported[; or
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[(4) Travis County]. |
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SECTION 2. Section 7.190, Water Code, is amended to read as |
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follows: |
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Sec. 7.190. DISPOSITION OF FINES. A fine recovered through |
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a prosecution brought under this subchapter shall be divided |
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[equally] between the state and any local government significantly |
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involved in prosecuting the case, with the state receiving 90 |
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percent and the remaining 10 percent divided equally between any |
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local governments significantly involved in prosecuting the case, |
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except that if the court determines that a [the state or the] local |
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government bore significantly more of the burden of prosecuting the |
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case, the court may apportion up to 25 [75] percent of the fine to |
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the local government that predominantly prosecuted the case. |
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SECTION 3. The change in law made by this Act applies to the |
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prosecution of an offense committed on or after the effective date |
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of this Act. The prosecution of, and the disposition of any fine |
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that is imposed from the prosecution of, an offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense is committed before the effective date of this Act if any |
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element of the offense occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |