Bill Text: TX SB338 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to penalty assessment for violations of the Texas Clean Air Act committed by major sources.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Natural Resources [SB338 Detail]
Download: Texas-2011-SB338-Introduced.html
82R2145 JAM-F | ||
By: Gallegos | S.B. No. 338 |
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relating to penalty assessment for violations of the Texas Clean | ||
Air Act committed by major sources. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.052(c), Water Code, is amended to read | ||
as follows: | ||
(c) Except as provided by Section 7.0526, the [ |
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of the penalty for all other violations within the jurisdiction of | ||
the commission to enforce may not exceed $10,000 a day for each | ||
violation. | ||
SECTION 2. Subchapter C, Chapter 7, Water Code, is amended | ||
by adding Section 7.0526 to read as follows: | ||
Sec. 7.0526. PENALTIES FOR CERTAIN VIOLATIONS OF CLEAN AIR | ||
ACT. (a) In this section, "major source" has the meaning assigned | ||
by Section 501 of the federal Clean Air Act (42 U.S.C. Section | ||
7661). | ||
(b) For a violation of Chapter 382, Health and Safety Code, | ||
committed by a major source that is required to obtain a permit | ||
under that chapter, the commission shall assess a penalty in an | ||
amount that is equal to or more than the total of: | ||
(1) the economic benefit gained through the violation, | ||
including any costs avoided due to the violation; and | ||
(2) the amount necessary to deter future violations. | ||
(c) For purposes of assessing a penalty for a violation of | ||
Chapter 382, Health and Safety Code, against a major source that is | ||
required to obtain a permit under that chapter, each day that a | ||
continuing violation occurs is a separate violation. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a violation of Chapter 382, Health and Safety Code, that occurs | ||
on or after the effective date of this Act. A violation of Chapter | ||
382, Health and Safety Code, 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. For purposes of this section, a violation occurs | ||
before the effective date of this Act if any element of the | ||
violation occurs before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |