| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil and administrative penalties assessed or imposed |
|
|
for violations of laws protecting drinking water, public water |
|
|
supplies, and bodies of water. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 341.048(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) A person who causes, suffers, allows, or permits a |
|
|
violation under this subchapter shall be assessed a civil penalty |
|
|
of not less than $50 and not [nor] more than $5,000 [$1,000] for |
|
|
each violation. Each day of a continuing violation is a separate |
|
|
violation. |
|
|
SECTION 2. Section 341.049(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) If a person causes, suffers, allows, or permits a |
|
|
violation of this subchapter or a rule or order adopted under this |
|
|
subchapter, the commission may assess a penalty against that person |
|
|
as provided by this section. The penalty shall not be less than $50 |
|
|
and not [nor] more than $5,000 [$1,000] for each violation. Each |
|
|
day of a continuing violation may be considered a separate |
|
|
violation. |
|
|
SECTION 3. (a) Section 341.048(b), Health and Safety Code, |
|
|
as amended by this Act, applies to an action brought on or after the |
|
|
effective date of this Act, regardless of whether the violation |
|
|
giving rise to that action occurred on, before, or after that date. |
|
|
(b) Section 341.049(a), Health and Safety Code, as amended |
|
|
by this Act, applies 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 was committed, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |