| |
| |
| |
|
|
AN ACT
|
|
|
relating to suits brought by local governments for violations of |
|
|
certain laws under the jurisdiction of, or rules adopted or orders |
|
|
or permits issued by, the Texas Commission on Environmental |
|
|
Quality; affecting civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 7.107, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit |
|
|
brought for a violation of Chapter 28 of this code or of Chapter |
|
|
401, Health and Safety Code, a civil penalty recovered in a suit |
|
|
brought under this subchapter by a local government shall be |
|
|
[equally] divided as follows [between]: |
|
|
(1) the first $4.3 million of the amount recovered |
|
|
shall be divided equally between: |
|
|
(A) the state; and |
|
|
(B) [(2)] the local government that brought the |
|
|
suit; and |
|
|
(2) any amount recovered in excess of $4.3 million |
|
|
shall be awarded to the state. |
|
|
SECTION 2. Subchapter H, Chapter 7, Water Code, is amended |
|
|
by adding Sections 7.359 and 7.360 to read as follows: |
|
|
Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
|
|
OF CIVIL PENALTY. In determining the amount of a civil penalty to |
|
|
be assessed in a suit brought by a local government under this |
|
|
subchapter, the trier of fact shall consider the factors described |
|
|
by Section 7.053. |
|
|
Sec. 7.360. LIMITATIONS. A suit for a civil penalty that is |
|
|
brought by a local government under this subchapter must be brought |
|
|
not later than the fifth anniversary of the earlier of the date the |
|
|
person who committed the violation: |
|
|
(1) notifies the commission in writing of the |
|
|
violation; or |
|
|
(2) receives a notice of enforcement from the |
|
|
commission with respect to the alleged violation. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a violation that occurs on or after the effective date of this Act. |
|
|
A violation that occurs before the effective date of this Act is |
|
|
governed by the law in effect on the date the violation occurred, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1794 was passed by the House on April |
|
|
28, 2015, by the following vote: Yeas 108, Nays 36, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1794 on May 22, 2015, by the following vote: Yeas 116, Nays 17, |
|
|
3 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1794 was passed by the Senate, with |
|
|
amendments, on May 20, 2015, by the following vote: Yeas 24, Nays |
|
|
6. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |