Bill Text: TX HB1760 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to maximum penalties for certain environmental violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Judiciary & Civil Jurisprudence [HB1760 Detail]
Download: Texas-2015-HB1760-Introduced.html
By: Geren | H.B. No. 1760 |
|
||
|
||
relating to maximum penalties for certain environmental | ||
violations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 7, Water Code, is amended | ||
by adding Sections 7.359, 7.360, 7.361, 7.362, and 7.363 to read as | ||
follows: | ||
Sec. 7.359. MAXIMUM PENALTY. (a) In a suit brought under | ||
this subchapter, if the local government proves that a person | ||
knowingly or intentionally committed a violation, the person shall | ||
be assessed for each violation a civil penalty not less than $50 nor | ||
greater than $25,000 for each day of each violation, up to a maximum | ||
of 120 days, as the court or jury considers proper. | ||
(b) In a suit brought under this subchapter, if a person is | ||
found to have committed a violation and that violation is a | ||
continuing violation that exceeds the 120-day duration, the person | ||
may be assessed for each violation an additional civil penalty not | ||
less than $50 nor greater than $1,000 for each day of each violation | ||
beyond the 120-day period, as the court or jury considers proper. | ||
(c) The amount of civil penalties assessed under this | ||
section is subject to the limitations prescribed by Section 7.361. | ||
Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT | ||
OF PENALTY. When determining the amount of a civil penalty to be | ||
assessed in a suit brought under this subchapter, the court or jury | ||
shall consider the factors in section 7.053. | ||
Sec. 7.361. LIMITATION ON CIVIL PENALTIES. (a) In a suit | ||
brought under this subchapter, a complaining party may recover | ||
civil penalties from a person for continuing daily violations at a | ||
single site in an amount not to exceed the product of: | ||
(1) the maximum penalty calculated under section 7.359 | ||
for each day of each violation; and | ||
(2) $1,460. | ||
(b) Notwithstanding Subsection (a), the complaining party | ||
may not recover civil penalties for the time period from the date on | ||
which a person initiates written notification and performs any | ||
necessary assessment or remediation under a program administered by | ||
the commission. | ||
Sec. 7.362. LIMITATIONS. A suit for civil penalties under | ||
this subchapter must be brought not later than five years from the | ||
earlier of: | ||
(1) the date a person initiates written notification | ||
to the commission and otherwise complies with the requirements of | ||
Section 7.361(b); or | ||
(2) the date the person received a notice of | ||
enforcement from the commission with respect to the alleged | ||
violation. | ||
Sec. 7.363. INJUNCTIVE RELIEF NOT AFFECTED. Nothing in | ||
this subchapter shall be construed to limit a suit for injunctive | ||
relief brought under section 7.351. | ||
SECTION 2. 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, 2015. |