Bill Text: TX HB3222 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the factors to be considered in determining the amount of certain administrative penalties imposed by the Texas Commission on Environmental Quality.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB3222 Detail]

Download: Texas-2013-HB3222-Introduced.html

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By: Springer H.B. No. 3222

A BILL TO BE ENTITLED
AN ACT
relating to the factors to be considered in determining the amount
of certain administrative penalties imposed by the Texas Commission
on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 7.053, Water Code, is amended to read as follows:
Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF
PENALTY AMOUNT. (a) In determining the amount of an administrative
penalty, the commission shall consider:
(1) the nature, circumstances, extent, duration, and
gravity of the prohibited act, with special emphasis on the
impairment of existing water rights or the hazard or potential
hazard created to the health or safety of the public;
(2) the impact of the violation on:
(A) air quality in the region;
(B) a receiving stream or underground water
reservoir;
(C) instream uses, water quality, aquatic and
wildlife habitat, or beneficial freshwater inflows to bays and
estuaries; or
(D) affected persons;
(3) with respect to the alleged violator:
(A) the history and extent of previous
violations;
(B) the degree of culpability, including whether
the violation was attributable to mechanical or electrical failures
and whether the violation could have been reasonably anticipated
and avoided;
(C) the demonstrated good faith, including
actions taken by the alleged violator to rectify the cause of the
violation and to compensate affected persons;
(D) economic benefit gained through the
violation; and
(E) the amount necessary to deter future
violations; and
(4) any other matters that justice may require.
(b) For a penalty imposed against a municipality or county,
the commission shall develop a penalty schedule that takes into
account the population of the municipality or county, charging all
municipalities and counties proportionally equal.
SECTION 1. This Act takes effect September 1, 2013.