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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative penalties imposed by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7.052(a) and (c), Water Code, are |
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amended to read as follows: |
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(a) The amount of the penalty for a violation of Chapter 37 |
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of this code, Chapter 366, 371, or 372, Health and Safety Code, or |
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Chapter 1903, Occupations Code, may not be less than $50 or greater |
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than $5,000 [exceed $2,500] a day for each violation. |
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(c) The amount of the penalty for all other violations |
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within the jurisdiction of the commission to enforce may not be less |
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than $50 or greater than $25,000 [exceed $10,000] a day for each |
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violation. |
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SECTION 2. Section 13.4151(a), Water Code, is amended to |
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read as follows: |
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(a) If a person, affiliated interest, or entity subject to |
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the jurisdiction of the commission violates this chapter or a rule |
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or order adopted under this chapter, the commission may assess a |
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penalty against that person, affiliated interest, or entity as |
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provided by this section. The penalty may be in an amount not less |
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than $100 or greater than $5,000 [to exceed $500] a day. Each day a |
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violation continues may be considered a separate violation. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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covered by the law in effect at the time the violation occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |