| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to maximum penalties for certain environmental |
|
|
violations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 7, Water Code, is amended |
|
|
by adding Sections 7.359, 7.360, 7.361, 7.362, and 7.363 to read as |
|
|
follows: |
|
|
Sec. 7.359. MAXIMUM PENALTY. (a) In a suit brought under |
|
|
this subchapter, if the local government proves that a person |
|
|
knowingly or intentionally committed a violation, the person shall |
|
|
be assessed for each violation a civil penalty not less than $50 nor |
|
|
greater than $25,000 for each day of each violation, up to a maximum |
|
|
of 120 days, as the court or jury considers proper. |
|
|
(b) In a suit brought under this subchapter, if a person is |
|
|
found to have committed a violation and that violation is a |
|
|
continuing violation that exceeds the 120-day duration, the person |
|
|
may be assessed for each violation an additional civil penalty not |
|
|
less than $50 nor greater than $1,000 for each day of each violation |
|
|
beyond the 120-day period, as the court or jury considers proper. |
|
|
Each day of a continuing violation is a separate violation. |
|
|
(c) Civil penalties assessed under Subsection (b) shall not |
|
|
be calculated beyond 1,340 days from the last date of the 120-day |
|
|
period under Subsection (a). |
|
|
(d) The amount of civil penalties assessed under this |
|
|
section is subject to the limitations prescribed by Section 7.361. |
|
|
Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
|
|
OF PENALTY. When determining the amount of a civil penalty to be |
|
|
assessed in a suit brought under this subchapter, the court or jury |
|
|
shall consider the factors in Section 7.053. |
|
|
Sec. 7.361. LIMITATION ON CIVIL PENALTIES. (a) In a suit |
|
|
brought under this subchapter, a complaining party may recover |
|
|
civil penalties from a person for continuing daily violations at a |
|
|
single site in an amount not to exceed the sum of: |
|
|
(1) the maximum penalty calculated under Section |
|
|
7.359(a) for each day of each violation; and |
|
|
(2) the additional penalty calculated under Section |
|
|
7.359(b) for each day of each violation. |
|
|
(b) The total amount of civil penalties that may be assessed |
|
|
in a suit under this subchapter may not exceed the penalty for each |
|
|
day of each violation for 1,460 days. |
|
|
(c) Notwithstanding Subsection (a), the complaining party |
|
|
may not recover civil penalties from a person for the time period |
|
|
from the date on which a person initiates written notification and |
|
|
performs any necessary assessment or remediation under a program |
|
|
required by the commission. |
|
|
Sec. 7.362. LIMITATIONS. A suit for civil penalties under |
|
|
this subchapter must be brought not later than five years from the |
|
|
earlier of: |
|
|
(1) the date a person initiates written notification |
|
|
to the commission and otherwise complies with the requirements of |
|
|
Section 7.361(c); or |
|
|
(2) the date the person received a notice of |
|
|
enforcement from the commission with respect to the alleged |
|
|
violation. |
|
|
Sec. 7.363. INJUNCTIVE RELIEF NOT AFFECTED. Nothing in |
|
|
this subchapter shall be construed to limit a suit for injunctive |
|
|
relief brought under Section 7.351. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |