87R1779 JRR-D
 
  By: Miles S.B. No. 366
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the minimum amount of an administrative penalty
  assessed by the Texas Commission on Environmental Quality for a
  violation of certain laws under the jurisdiction of, or rules
  adopted or orders or permits issued by, the commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 7, Water Code, is amended
  by adding Section 7.0521 to read as follows:
         Sec. 7.0521.  MINIMUM PENALTY. (a)  Except as provided by
  Subsection (b), the amount of an administrative penalty assessed
  under this subchapter may not be less than $250 a day for each
  violation.
         (b)  This section does not apply to an administrative penalty
  assessed against a facility operator who violates Chapter 506 or
  507, Health and Safety Code, or a rule adopted or order issued under
  those chapters.
         SECTION 2.  The change in law made by this Act applies only
  to the assessment of an administrative penalty for a violation that
  occurs on or after the effective date of this Act.  The assessment
  of an administrative penalty for a violation that occurred 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, 2021.