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A BILL TO BE ENTITLED
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AN ACT
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relating to suits brought by local governments for violations of |
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certain laws under the jurisdiction of, or rules adopted or orders |
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or permits issued by, the Texas Commission on Environmental |
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Quality; affecting civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.107, Water Code, is amended to read as |
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follows: |
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Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit |
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brought for a violation of Chapter 28 of this code or of Chapter |
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401, Health and Safety Code, a civil penalty recovered in a suit |
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brought under this subchapter by a local government shall be |
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[equally] divided as follows [between]: |
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(1) the first $4.3 million of the amount recovered |
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shall be divided equally between: |
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(A) the state; and |
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(B) [(2)] the local government that brought the |
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suit; and |
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(2) any amount recovered in excess of $4.3 million |
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shall be awarded to the state. |
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SECTION 2. Subchapter H, Chapter 7, Water Code, is amended |
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by adding Sections 7.359, 7.360, and 7.361 to read as follows: |
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Sec. 7.359. LIMITATION ON CIVIL PENALTY. (a) Except as |
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provided by Subsection (b), in a suit brought by a local government |
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under this subchapter, a person may be assessed a civil penalty of |
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not less than $50 and not more than $25,000 for each day of each |
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violation, provided that the amount assessed may not exceed $4.3 |
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million. |
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(b) This section does not limit the state's authority to |
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pursue the assessment of a civil penalty under this chapter. |
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Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
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OF CIVIL PENALTY. In determining the amount of a civil penalty to |
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be assessed in a suit brought by a local government under this |
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subchapter, the trier of fact shall consider the factors described |
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by Section 7.053. |
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Sec. 7.361. LIMITATIONS. A suit for a civil penalty that is |
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brought by a local government under this subchapter must be brought |
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not later than the fifth anniversary of the earlier of the date the |
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person who committed the violation: |
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(1) notifies the commission in writing of the |
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violation; or |
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(2) receives a notice of enforcement from the |
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commission with respect to the alleged 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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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |