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AN ACT
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relating to the deferral of an administrative penalty imposed by |
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the Texas Commission on Environmental Quality against certain |
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utilities and districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 7, Water Code, is amended |
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by adding Section 7.034 to read as follows: |
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Sec. 7.034. DEFERRAL OF PENALTY FOR CERTAIN UTILITY |
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FACILITIES. (a) In this section: |
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(1) "District" means any district or authority created |
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under either Article III, Section 52, or Article XVI, Section 59, of |
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the Texas Constitution, regardless of how created. The term |
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"district" shall not include any navigation district or port |
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authority created under general or special law or any conservation |
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and reclamation district governed by Chapter 36 unless a special |
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law creating the district or amending the law creating the district |
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states that Chapter 49 applies to the district. |
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(2) "Municipally owned utility" and "water supply or |
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sewer service corporation" have the meanings assigned by Section |
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13.002. |
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(b) The commission may allow a municipally owned utility, a |
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water supply or sewer service corporation, or a district to defer |
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the payment of all or part of an administrative penalty imposed |
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under Subchapter C for a violation on the condition that the entity |
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complies with all provisions for corrective action in a commission |
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order to address the violation. |
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(c) In determining whether deferral of a penalty under this |
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section is appropriate, the commission shall consider the factors |
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to be considered under Section 7.053 and the following factors: |
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(1) the financial position of the entity and its |
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ability to reasonably pay the costs of corrective action under the |
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terms of a commission order; |
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(2) risks to public health and the environment of any |
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delay in addressing the corrective actions as a result of limited |
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financial resources; |
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(3) alternatives reasonably available to the entity |
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for paying both the costs of corrective action and the penalty; and |
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(4) potential effects of the payment of the penalty on |
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other essential public health and safety services for which the |
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entity is responsible. |
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(d) At the discretion of the commission, any penalty |
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deferred under this section becomes due and payable on a commission |
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determination that the entity is not in compliance with a provision |
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for corrective action in a commission order to address the |
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violation. |
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SECTION 2. Section 7.034, Water Code, as added by this Act, |
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applies only to a violation that occurs on or after the effective |
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date of this Act. A violation that occurs before the effective date |
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of this Act is covered by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 147 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 147 on May 25, 2007, by the following vote: Yeas 139, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 147 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |