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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of aggregate production operation by the |
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Texas Commission on Environmental Quality; increasing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.052, Water Code, is amended by adding |
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Subsection (b-5) to read as follows: |
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(b-5) The amount of the penalty against a facility operator |
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for operating an aggregate production operation, as defined by |
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Section 28A.001, in violation of a permit issued by the commission |
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under Section 26.027 or 26.040 of this code or under Section |
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382.051, Health and Safety Code, may not exceed $50,000 a day for |
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each day a violation continues. |
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SECTION 2. Section 7.069, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), a penalty collected under this subchapter shall be deposited |
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to the credit of the general revenue fund. |
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(c) A penalty collected under Section 7.052(b-5) shall be |
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paid to the commission and deposited to the credit of the water |
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resources management account and that money may be used only to |
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implement Chapter 28A. |
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SECTION 3. Section 28A.053(a), Water Code, is amended to |
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read as follows: |
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(a) The commission shall inspect each active aggregate |
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production operation in this state for compliance with applicable |
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environmental laws and rules under the jurisdiction of the |
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commission at least once every two [three] years. |
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SECTION 4. (a) The change in law made by this Act to Section |
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7.052, Water Code, applies only to a violation that occurs on or |
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after the effective date of this Act. For purposes of this section, |
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a violation occurs before the effective date of this Act if any |
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element of the violation occurs before that date. |
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(b) A violation that occurs before the effective date of |
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this Act is governed by the law in effect on the date of the |
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violation, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |