BILL ANALYSIS

H.B. 907

By: Huberty

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised that while penalties assessed for unregistered aggregate production operations have been minimal, complaints of unauthorized aggregate production operation activities have continued to be reported. It has been suggested that the specter of these penalties has done little to control the continued release of eroded sand and silt into waterways and that stronger enforcement is needed. H.B. 907 seeks to address these concerns by increasing the range of a penalty that may be assessed for an unregistered aggregate production operation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 907 amends the Water Code to increase the range of a penalty the Texas Commission on Environmental Quality may assess for each year in which an aggregate production operation operates without being registered from a range of $5,000 to $10,000 to a range of $10,000 to $20,000. The bill increases from $25,000 to $50,000 the cap on the total penalty for an aggregate production operation that is operated in three or more years without being registered.

EFFECTIVE DATE

September 1, 2019.