86R9595 MP-F
 
  By: Miles S.B. No. 2175
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to affirmative defenses for a Texas Commission on
  Environmental Quality enforcement action for unauthorized emission
  or opacity events.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Sections 382.0216(f) and (h); and
               (2)  Sections 382.051962(c) and (d).
         SECTION 2.  The changes in law made by this Act apply only to
  an enforcement action initiated by the Texas Commission on
  Environmental Quality on or after the effective date of this Act. An
  enforcement action initiated before the effective date of this Act
  is governed by the law in effect immediately before the effective
  date of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 3.  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, 2019.