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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of owners or operators of certain sources |
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or facilities for unauthorized emissions caused by the criminal act |
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of another. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.085, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The prohibitions under Subsections (a) and (b) relating |
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to the emission of an air contaminant do not apply to the owner or |
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operator of a source or facility that belongs to a Standard |
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Industrial Classification Code described in Section 382.051961(a), |
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and the owner or operator is not subject to civil, administrative, |
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or criminal liability under Chapter 7, Water Code, for the |
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emission, if the emission was caused by a criminal act committed by |
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a person other than the owner or operator of the source or facility. |
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SECTION 2. The change in law made by this Act applies only |
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to the emission of an air contaminant that occurs on or after the |
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effective date of this Act. An emission of an air contaminant that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the emission occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |