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A BILL TO BE ENTITLED
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AN ACT
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relating to maximum penalties for certain environmental |
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violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 7, Water Code, is amended |
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by adding Sections 7.359, 7.360, 7.361, 7.362, and 7.363 to read as |
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follows: |
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Sec. 7.359. MAXIMUM PENALTY. (a) In a suit brought under |
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this subchapter, if the local government proves that a person |
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knowingly or intentionally committed a violation, the person shall |
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be assessed for each violation a civil penalty not less than $50 nor |
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greater than $25,000 for each day of each violation, up to a maximum |
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of 120 days, as the court or jury considers proper. |
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(b) In a suit brought under this subchapter, if a person is |
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found to have committed a violation and that violation is a |
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continuing violation that exceeds the 120-day duration, the person |
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may be assessed for each violation an additional civil penalty not |
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less than $50 nor greater than $1,000 for each day of each violation |
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beyond the 120-day period, as the court or jury considers proper. |
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(c) The amount of civil penalties assessed under this |
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section is subject to the limitations prescribed by Section 7.361. |
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Sec. 7.360. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT |
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OF PENALTY. When determining the amount of a civil penalty to be |
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assessed in a suit brought under this subchapter, the court or jury |
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shall consider the factors in section 7.053. |
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Sec. 7.361. LIMITATION ON CIVIL PENALTIES. (a) In a suit |
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brought under this subchatper, a complaining party may recover |
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civil penalties from a person for continuing daily violations at a |
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single site in an amount not to exceed the product of: |
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(1) the maximum penalty calculated under section 7.359 |
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for each day of each violation; and |
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(2) 1,460. |
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(b) Notwithstanding Subsection (a), the complaining party |
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may not recover civil penalties for the time period from the date on |
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which a person initiates written notification and performs any |
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necessary assessment or remediation under a program administered by |
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the commission. |
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Sec. 7.362. LIMITATIONS. A suit for civil penalties under |
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this subchapter must be brought not later than five years from the |
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earlier of: |
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(1) the date a person initiates written notification to the |
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commission and otherwise complies with the requirements of Section |
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7.361(b); or |
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(2) the date the person received a notice of enforcement |
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from the commission with respect to the alleged violation. |
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Sec. 7.363. INJUNCTIVE RELIEF NOT AFFECTED. Nothing in |
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this subchapter shall be construed to limit a suit for injunctive |
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relief brought under section 7.351. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all 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, 2015. |