Bill Text: TX SB1003 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1003 Detail]
Download: Texas-2011-SB1003-Comm_Sub.html
Bill Title: Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1003 Detail]
Download: Texas-2011-SB1003-Comm_Sub.html
By: Fraser | S.B. No. 1003 | |
(In the Senate - Filed February 28, 2011; March 16, 2011, | ||
read first time and referred to Committee on Natural Resources; | ||
March 23, 2011, reported favorably by the following vote: Yeas 8, | ||
Nays 0; March 23, 2011, sent to printer.) |
|
||
|
||
relating to penalties for, and emergency orders suspending, the | ||
operation of a rock crusher or certain concrete plants without a | ||
current permit under the Texas Clean Air Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.052, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-3) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-3), the [ |
||
of the penalty for operating a rock crusher or a concrete plant that | ||
performs wet batching, dry batching, or central mixing, that is | ||
required to obtain a permit under Section 382.0518, Health and | ||
Safety Code, and that is operating without the required permit is | ||
$10,000. Each day that a continuing violation occurs is a separate | ||
violation. | ||
(b-3) If a person that is permitted to operate a facility as | ||
described by Subsection (b) notifies the commission before the date | ||
of the expiration of the permit that the person intends to operate | ||
the facility past that date, the commission may impose a penalty of | ||
not greater than $10,000 for each violation. The commission may | ||
consider each day that the facility is operated without the | ||
required permit a separate violation for the purposes of imposing a | ||
penalty. |
||
SECTION 2. Section 5.5145, Water Code, is amended to read as | ||
follows: | ||
Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK | ||
CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may | ||
[ |
||
operations of a rock crusher or a concrete plant that performs wet | ||
batching, dry batching, or central mixing and is required to obtain | ||
a permit under Section 382.0518, Health and Safety Code, and is | ||
operating without the necessary permit. | ||
SECTION 3. The change in law made by this Act to Section | ||
7.052, Water Code, 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 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, 2011. | ||
* * * * * |