Bill Text: TX HB1794 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality; affecting civil penalties.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB1794 Detail]
Download: Texas-2015-HB1794-Enrolled.html
H.B. No. 1794 |
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relating to suits brought by local governments for violations of | ||
certain laws under the jurisdiction of, or rules adopted or orders | ||
or permits issued by, the Texas Commission on Environmental | ||
Quality; affecting civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.107, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit | ||
brought for a violation of Chapter 28 of this code or of Chapter | ||
401, Health and Safety Code, a civil penalty recovered in a suit | ||
brought under this subchapter by a local government shall be | ||
[ |
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(1) the first $4.3 million of the amount recovered | ||
shall be divided equally between: | ||
(A) the state; and | ||
(B) [ |
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suit; and | ||
(2) any amount recovered in excess of $4.3 million | ||
shall be awarded to the state. | ||
SECTION 2. Subchapter H, Chapter 7, Water Code, is amended | ||
by adding Sections 7.359 and 7.360 to read as follows: | ||
Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT | ||
OF CIVIL PENALTY. In determining the amount of a civil penalty to | ||
be assessed in a suit brought by a local government under this | ||
subchapter, the trier of fact shall consider the factors described | ||
by Section 7.053. | ||
Sec. 7.360. LIMITATIONS. A suit for a civil penalty that is | ||
brought by a local government under this subchapter must be brought | ||
not later than the fifth anniversary of the earlier of the date the | ||
person who committed the violation: | ||
(1) notifies the commission in writing of the | ||
violation; or | ||
(2) receives a notice of enforcement from the | ||
commission with respect to the alleged violation. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a violation that occurs on or after the effective date of this Act. | ||
A violation that occurs 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 4. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1794 was passed by the House on April | ||
28, 2015, by the following vote: Yeas 108, Nays 36, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1794 on May 22, 2015, by the following vote: Yeas 116, Nays 17, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1794 was passed by the Senate, with | ||
amendments, on May 20, 2015, by the following vote: Yeas 24, Nays | ||
6. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |