Bill Text: TX HB3913 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the disposition and use of the state's portion of civil penalties recovered in 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-04 - Committee report sent to Calendars [HB3913 Detail]
Download: Texas-2023-HB3913-Comm_Sub.html
| 88R25161 JRR-D | |||
| By: Morales Shaw, Goodwin, Zwiener, Guillen, | H.B. No. 3913 | ||
| Thompson of Brazoria | |||
| Substitute the following for H.B. No. 3913: | |||
| By: Landgraf | C.S.H.B. No. 3913 | ||
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| relating to the disposition and use of the state's portion of civil | ||
| penalties recovered in 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. | ||
| 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; DISPOSITION OF | ||
| STATE'S PORTION OF CIVIL PENALTY. (a) 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 divided as follows: | ||
| (1) the first $4.3 million of the amount recovered | ||
| shall be divided equally between: | ||
| (A) the state; and | ||
| (B) the local government that brought the suit; | ||
| and | ||
| (2) any amount recovered in excess of $4.3 million | ||
| shall be awarded to the state. | ||
| (b) One-half of the state's portion of a civil penalty under | ||
| Subsection (a) shall be deposited to the credit of the special | ||
| environmental remediation fund created under Section 7.1075. | ||
| SECTION 2. Subchapter D, Chapter 7, Water Code, is amended | ||
| by adding Section 7.1075 to read as follows: | ||
| Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT | ||
| PROGRAM. (a) The environmental remediation fund is created as a | ||
| special fund in the state treasury outside the general revenue | ||
| fund. The fund consists of money deposited to the credit of the | ||
| fund under Section 7.107. Money in the fund may be appropriated | ||
| only to the commission for purposes of the grant program | ||
| established under Subsection (b). | ||
| (b) From money appropriated from the special environmental | ||
| remediation fund for that purpose, the commission shall establish | ||
| and administer a grant program to provide financial assistance to | ||
| counties and municipalities for environmental remediation | ||
| projects. | ||
| (c) The commission shall adopt rules to implement the | ||
| program established under Subsection (b), including rules | ||
| establishing: | ||
| (1) eligibility criteria for grant applicants and | ||
| environmental remediation projects; | ||
| (2) grant application procedures; | ||
| (3) criteria for evaluating grant applications and | ||
| awarding grants; | ||
| (4) guidelines related to grant amounts; and | ||
| (5) procedures for monitoring the use of a grant | ||
| awarded under Subsection (b) and ensuring compliance with any | ||
| conditions of the grant. | ||
| SECTION 3. The change in law made 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 occurred, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
