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A BILL TO BE ENTITLED
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AN ACT
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relating to penalties for, and emergency orders suspending, the |
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operation of a rock crusher or certain concrete plants without a |
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current permit under the Texas Clean Air Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.052, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-3) to read as |
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follows: |
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(b) Except as provided by Subsection (b-3), the [The] amount |
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of the penalty for operating a rock crusher or a concrete plant that |
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performs wet batching, dry batching, or central mixing, that is |
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required to obtain a permit under Section 382.0518, Health and |
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Safety Code, and that is operating without the required permit is |
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$10,000. Each day that a continuing violation occurs is a separate |
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violation. |
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(b-3) If a person that is permitted to operate a facility as |
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described by Subsection (b) notifies the commission before the date |
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of the expiration of the permit that the person intends to operate |
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the facility past that date, the commission may impose a penalty of |
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not greater than $10,000 for each violation. The commission may |
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consider each day that the facility is operated without the |
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required permit a separate violation for the purposes of imposing a |
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penalty. |
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SECTION 2. Section 5.5145, Water Code, is amended to read as |
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follows: |
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Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK |
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CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may |
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[shall] issue an emergency order under this subchapter suspending |
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operations of a rock crusher or a concrete plant that performs wet |
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batching, dry batching, or central mixing and is required to obtain |
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a permit under Section 382.0518, Health and Safety Code, and is |
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operating without the necessary permit. |
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SECTION 3. 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. A violation that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the violation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |