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A BILL TO BE ENTITLED
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AN ACT
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relating to the factors to be considered in determining the amount |
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of an administrative penalty assessed by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.053, Water Code, is amended to read as |
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follows: |
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Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF |
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PENALTY AMOUNT. In determining the amount of an administrative |
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penalty, the commission shall consider: |
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(1) the nature, circumstances, extent, duration, and |
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gravity of the prohibited act, with special emphasis on: |
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(A) the impairment of existing water rights; |
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(B) [or] the hazard or potential hazard created |
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to the health or safety of the public; or |
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(C) whether the prohibited act created or is a |
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public nuisance; |
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(2) the impact of the violation on: |
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(A) air quality in the region; |
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(B) a receiving stream or underground water |
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reservoir; |
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(C) instream uses, water quality, aquatic and |
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wildlife habitat, or beneficial freshwater inflows to bays and |
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estuaries; or |
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(D) affected persons; |
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(3) with respect to the alleged violator: |
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(A) the history and extent of previous |
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violations; |
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(B) the degree of culpability, including whether |
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the violation was attributable to mechanical or electrical failures |
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and whether the violation could have been reasonably anticipated |
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and avoided; |
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(C) the demonstrated good faith, including |
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actions taken by the alleged violator to rectify the cause of the |
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violation and to compensate affected persons; |
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(D) economic benefit gained through the |
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violation; and |
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(E) the amount necessary to deter future |
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violations; and |
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(4) any other matters that justice may require. |
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SECTION 2. The change in law made by this Act applies only |
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to the assessment of an administrative penalty for a violation that |
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occurs on or after the effective date of this Act. The assessment |
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of an administrative penalty for a violation that occurred before |
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the effective date of this Act is governed by the law in effect on |
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the date the violation occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |