Bill Text: TX HB1269 | 2015-2016 | 84th Legislature | Engrossed


Bill Title: Relating to supplemental environmental projects implemented by certain local governments in lieu of administrative penalties assessed by the Texas Commission on Environmental Quality.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2015-05-11 - Referred to Natural Resources & Economic Development [HB1269 Detail]

Download: Texas-2015-HB1269-Engrossed.html
  84R1900 SLB-F
 
  By: Springer, Guillen, Kacal, H.B. No. 1269
      King of Hemphill, Ashby
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to supplemental environmental projects implemented by
  certain local governments in lieu of administrative penalties
  assessed by the Texas Commission on Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 7.067, Water Code, is
  amended to read as follows:
         Sec. 7.067.  SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN
  GENERAL.
         SECTION 2.  Subchapter C, Chapter 7, Water Code, is amended
  by adding Section 7.0671 to read as follows:
         Sec. 7.0671.  SUPPLEMENTAL ENVIRONMENTAL PROJECTS
  IMPLEMENTED BY CERTAIN LOCAL GOVERNMENTS. (a) In this section,
  "local government" and "supplemental environmental project" have
  the meanings assigned by Section 7.067.
         (b)  Notwithstanding Section 7.067(a-1), the commission
  shall approve a supplemental environmental project described by
  that subsection in lieu of payment of an administrative penalty
  under this subchapter if the respondent is:
               (1)  a county with a population of less than 50,000; or
               (2)  another local government any part of the territory
  of which is located in a county described by Subdivision (1).
         (c)  If the cost of a supplemental environmental project
  under this section is less than the amount of the penalty in lieu of
  which the project is to be implemented, the respondent, in addition
  to implementing the project, shall spend an amount equal to the
  difference between the cost of the project and the amount of the
  penalty in upgrading the facility at which the violation for which
  the penalty was assessed occurred.
         (d)  A policy developed under Section 7.067(a-2) does not
  apply to a respondent to which this section applies.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
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