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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative penalties for air quality violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.052(d), Water Code, is amended to read |
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as follows: |
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(d) Except as provided by Subsection (b), each day that a |
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continuing violation occurs may be considered a separate violation. |
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For a violation of Chapter 382, Health and Safety Code, the |
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commission may assess a separate penalty for each type of pollutant |
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emitted in violation of that chapter. The commission may authorize |
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an installment payment schedule for an administrative penalty |
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assessed under this subchapter, except for an administrative |
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penalty assessed under Section 7.057. |
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SECTION 2. (a) The change in law made by this Act to Section |
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7.052, Water Code, applies only to a violation that occurs on or |
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after the effective date of this Act. For purposes of this section, |
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a violation occurs before the effective date of this Act if any |
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element of the violation occurs before that 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 3. This Act takes effect September 1, 2011. |