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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation, monitoring, and enforcement of matters |
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under the jurisdiction of the Texas Commission on Environmental |
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Quality; authorizing the assessment or increase of civil and |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 374.252(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) If a registration fee is not paid on or before the 30th |
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day after the date the fee is due, the commission may assess for |
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each day the fee is not paid a penalty not to exceed $50 per day or |
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the amount published under Section 7.0522, Water Code [for each day |
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the fee is not paid]. |
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(c) If a registration application for an operating dry |
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cleaning facility or drop station is not filed with the commission |
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on or before the 30th day after the date the application is due, the |
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commission may assess for each day the application is not filed a |
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penalty not to exceed $50 per day or the amount published under |
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Section 7.0522, Water Code [for each day the application is not |
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filed]. |
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SECTION 2. Section 382.0215(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall require the owner or operator of a |
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regulated entity that experiences emissions events: |
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(1) to maintain a record of all emissions events at the |
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regulated entity in the manner and for the periods prescribed by |
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commission rule; |
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(2) to notify the commission in a single report for |
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each emissions event, as soon as practicable but not later than 24 |
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hours after discovery of the emissions event, of an emissions event |
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resulting in the emission of a reportable quantity of air |
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contaminants as determined by commission rule; and |
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(3) to report to the commission in a single report for |
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each emissions event, not later than two weeks after the occurrence |
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of an emissions event that results in the emission of a reportable |
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quantity of air contaminants as determined by commission rule, all |
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information necessary to evaluate the emissions event, including: |
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(A) the name of the owner or operator of the |
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reporting regulated entity; |
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(B) the location of the reporting regulated |
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entity expressed in terms of longitude and latitude; |
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(C) the date and time the emissions began; |
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(D) the duration of the emissions; |
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(E) the nature and measured or estimated quantity |
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of air contaminants emitted, including the method of calculation |
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of, or other basis for determining, the quantity of air |
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contaminants emitted; |
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(F) the processes and equipment involved in the |
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emissions event; |
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(G) the cause of the emissions; and |
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(H) any additional information necessary to |
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evaluate the emissions event. |
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SECTION 3. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0217 to read as follows: |
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Sec. 382.0217. STUDY ON EXCESSIVE EMISSIONS EVENTS PENALTY. |
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(a) In this section, "emissions event" and "regulated entity" have |
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the meanings assigned by Section 382.0215. |
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(b) The commission shall conduct a study on the efficacy of |
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imposing on the owner or operator of a regulated entity that reports |
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an emissions event a penalty of not less than $1 per pound of each |
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pollutant classified under Subsection (c) released that: |
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(1) exceeds an authorized emission limit for the |
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pollutant; or |
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(2) is not authorized by any permit, permit by rule, or |
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regulation. |
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(c) The commission shall assess which pollutants to include |
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in penalties described under Subsection (b) based on risks posed |
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to: |
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(1) human health; |
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(2) public safety; and |
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(3) environmental health. |
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(d) The commission shall examine the potential effects of |
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the penalty described under Subsection (b), including: |
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(1) the potential to improve compliance amongst |
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operators; and |
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(2) anticipated costs to facilities as a result of |
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penalties described under Subsection (b). |
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(e) Not later than March 1, 2024, the commission shall |
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prepare and submit to the governor, the lieutenant governor, and |
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the legislature a report on the findings of the study. |
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(f) This section expires September 1, 2029. |
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SECTION 4. Section 7.052, Water Code, is amended by |
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amending Subsections (a), (b), (b-1), (b-2), (b-4), and (c) and |
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adding Subsection (b-5) to read as follows: |
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(a) The amount of the penalty for each [a] violation of |
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Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety |
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Code, or Chapter 1903, Occupations Code, may not exceed the greater |
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of $5,000 a day or the amount per day published under Section 7.0522 |
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[for each violation]. |
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(b) Except as provided by Subsection (b-3), the amount of |
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the penalty for operating a rock crusher or a concrete plant that |
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performs wet batching, dry batching, or central mixing, that is |
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required to obtain a permit under Section 382.0518, Health and |
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Safety Code, and that is operating without the required permit is |
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the greater of $10,000 or the amount published under Section |
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7.0522. Each day that a continuing violation occurs is a separate |
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violation. |
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(b-1) The amount of the penalty assessed against a |
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manufacturer that does not label its computer equipment or covered |
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television equipment or adopt and implement a recovery plan as |
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required by Section 361.955, 361.975, or 361.978, Health and Safety |
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Code, as applicable, may not exceed the greater of $10,000 for the |
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second violation, [or] $25,000 for each subsequent violation, or |
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the amount published under Section 7.0522. A penalty under this |
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subsection is in addition to any other penalty that may be assessed |
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for a violation of Subchapter Y or Z, Chapter 361, Health and Safety |
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Code. |
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(b-2) Except as provided by Subsection (b-1), the amount of |
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the penalty for a violation of Subchapter Y or Z, Chapter 361, |
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Health and Safety Code, may not exceed $1,000 for the second |
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violation, [or] $2,000 for each subsequent violation, or the amount |
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published under Section 7.0522. A penalty under this subsection is |
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in addition to any other penalty that may be assessed for a |
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violation of Subchapter Y or Z, Chapter 361, Health and Safety Code. |
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(b-4) Except as provided by Subsection (b-5), the [The] |
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amount of the penalty against a facility operator who violates |
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Chapter 505, Health and Safety Code, or a rule adopted or order |
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issued under that chapter, for each day a violation continues, may |
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not exceed $500 a day or the amount per day published under Section |
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7.0522 [for each day a violation continues] with a total for each |
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violation not to exceed $5,000 or the total amount published under |
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Section 7.0522 [for each violation]. Except as provided by |
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Subsection (b-5), the [The] amount of a penalty against a facility |
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operator who violates Chapter 506 or 507, Health and Safety Code, or |
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a rule adopted or order issued under those chapters, for each day a |
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violation continues, may not exceed $50 a day or the amount per day |
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published under Section 7.0522 [for each day a violation continues] |
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with a total for each violation not to exceed $1,000 or the total |
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amount published under Section 7.0522 [for each violation]. |
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(b-5) The amount of a penalty assessed under Subsection |
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(b-4) must be tripled if a first responder who is not employed at |
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the facility that is the subject of the penalty, or who does not |
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participate in a shared service agreement with another facility, is |
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injured as a result of exposure to hazardous material while |
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responding to an incident at the facility. |
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(c) The amount of the penalty for each [all] other violation |
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[violations] within the jurisdiction of the commission to enforce |
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may not exceed $25,000 a day or the amount per day published under |
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Section 7.0522 [for each violation]. |
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SECTION 5. Effective September 1, 2025, Section 7.052(c), |
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Water Code, is amended to read as follows: |
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(c) The amount of the penalty for each [all] other violation |
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[violations] within the jurisdiction of the commission to enforce |
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may not exceed $50,000 [$25,000] a day or the amount published under |
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Section 7.0522 [for each violation]. |
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SECTION 6. Subchapter C, Chapter 7, Water Code, is amended |
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by adding Sections 7.0521 and 7.0522 to read as follows: |
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Sec. 7.0521. INCREASE OF AMOUNT OF PENALTY FOR CERTAIN |
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VIOLATIONS. Notwithstanding Section 7.052, Section 7.0525, or any |
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other provision of law, the commission may increase the amount of a |
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penalty assessed under this subchapter by an amount not to exceed 50 |
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percent of the maximum authorized penalty if the alleged violator |
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has a history of previous violations. |
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Sec. 7.0522. INFLATION ADJUSTMENT OF AMOUNT OF CERTAIN |
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PENALTIES. (a) The commission annually shall compute and publish a |
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dollar amount to reflect inflation for the penalty amounts in: |
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(1) Section 7.052; and |
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(2) Section 7.103. |
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(b) In making the computation under Subsection (a), the |
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commission shall consider the Consumer Price Index for All Urban |
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Consumers, or its successor in function, published by the United |
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States Bureau of Labor Statistics. |
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(c) The commission shall use 2025 as the base year and |
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adjust the dollar amounts, effective on September 1 of each year. |
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(d) The commission shall make available to the public |
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information regarding adjustments made under this section. |
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(e) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 7. Sections 7.0525(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), the amount of the |
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penalty for a violation of Section 374.252, Health and Safety Code, |
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may not exceed $5,000 or the amount published under Section 7.0522. |
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(b) The amount of the penalty for a violation of Section |
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374.252(a)(3), Health and Safety Code, may not exceed $10,000 or |
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the amount published under Section 7.0522. |
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SECTION 8. Section 7.102, Water Code, is amended to read as |
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follows: |
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Sec. 7.102. MAXIMUM PENALTY. (a) A person who causes, |
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suffers, allows, or permits a violation of a statute, rule, order, |
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or permit relating to Chapter 37 of this code, Chapter 366, 371, or |
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372, Health and Safety Code, Subchapter G, Chapter 382, Health and |
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Safety Code, or Chapter 1903, Occupations Code, shall be assessed |
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for each day of each violation a civil penalty, as the court or jury |
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considers proper: |
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(1) of not less than $50 nor greater than $5,000; or |
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(2) in the amount per day published under Section |
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7.0522 [for each day of each violation as the court or jury |
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considers proper]. |
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(b) A person who causes, suffers, allows, or permits a |
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violation of a statute, rule, order, or permit relating to any other |
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matter within the commission's jurisdiction to enforce, other than |
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violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter |
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341, Health and Safety Code, shall be assessed for each day of each |
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violation a civil penalty, as the court or jury considers proper: |
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(1) of not less than $100 [$50] nor greater than |
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$50,000; or |
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(2) in the amount per day published under Section |
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7.0522 [$25,000 for each day of each violation as the court or jury |
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considers proper]. |
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(c) Each day of a continuing violation is a separate |
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violation. |
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SECTION 9. Section 7.1021, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] person who |
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knowingly discloses false information or negligently fails to |
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disclose a hazard as required by Chapter 505 or 506, Health and |
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Safety Code, is subject to a civil penalty of not more than $5,000 |
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for each violation. |
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(a-1) The amount of a penalty assessed under Subsection (a) |
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must be tripled if a first responder who is not employed at the |
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facility that is the subject of the penalty, or who does not |
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participate in a shared service agreement with another facility, is |
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injured as a result of exposure to hazardous material while |
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responding to an incident at the facility. |
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SECTION 10. Section 7.103, Water Code, is amended to read as |
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follows: |
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Sec. 7.103. CONTINUING VIOLATIONS. (a) If it is shown on a |
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trial of a defendant that the defendant has previously been |
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assessed a civil penalty for a violation of a statute within the |
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commission's jurisdiction or a rule adopted or an order or a permit |
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issued under such a statute within the year before the date on which |
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the violation being tried occurred, the defendant shall be assessed |
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a civil penalty: |
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(1) of not less than $200 [$100] nor greater than |
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$50,000 [$25,000] for each subsequent day and for each subsequent |
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violation; or |
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(2) in the amount per day published under Section |
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7.0522. |
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(b) Each day of a continuing violation is a separate |
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violation. |
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SECTION 11. Section 374.252, Health and Safety Code, as |
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amended by this Act, applies only to an enforcement action |
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initiated by the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. An enforcement action |
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initiated before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 12. Sections 7.052, 7.0525, 7.102, 7.1021, and |
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7.103, Water Code, as amended by this Act, and Sections 7.0521 and |
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7.0522, Water Code, as added by this Act, apply only to a violation |
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that occurs on or after the effective date of this Act. For |
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purposes of this section, a violation occurs before the effective |
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date of this Act if any element of the violation occurs before that |
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date. |
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SECTION 13. Except as provided by Section 5 of this Act, |
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this Act takes effect September 1, 2023. |