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