By: Hancock  S.B. No. 1509
         (In the Senate - Filed March 12, 2015; March 23, 2015, read
  first time and referred to Committee on Natural Resources and
  Economic Development; April 30, 2015, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; April 30, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1509 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.  Subchapter H, Chapter 7, Water Code, is amended
  by adding Sections 7.359, 7.360, and 7.361 to read as follows:
         Sec. 7.359.  LIMITATION ON CIVIL PENALTY. (a)  In a suit
  brought by a local government under this subchapter, a person may be
  assessed a civil penalty of not less than $50 and not more than
  $25,000 for each day of each violation, provided that the total
  amount assessed may not exceed $4.3 million.
         (b)  This section does not limit the state's authority to
  pursue the assessment of a civil penalty under this chapter.
         Sec. 7.360.  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. 7.361.  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 2.  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 3.  This Act takes effect September 1, 2015.
 
  * * * * *