By: Geren, et al. (Senate Sponsor - Hancock) H.B. No. 1794

(In the Senate - Received from the House April 29, 2015; May 6, 2015, read first time and referred to Committee on Natural Resources and Economic Development; May 13, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 13, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 1794 By: Hancock

A BILL TO BE ENTITLED

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.

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