Bill Text: TX HB3913 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
  88R12376 JRR-D
 
  By: Morales Shaw H.B. No. 3913
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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)  The state's portion of a civil penalty under Subsection
  (a) shall be deposited to the credit of the 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.  ENVIRONMENTAL REMEDIATION FUND. (a) The
  environmental remediation fund is created as a fund in the state
  treasury, administered by the commission.
         (b)  The environmental remediation fund consists of money
  deposited to the credit of the fund under Section 7.107.
         (c)  Money in the fund may be used only for environmental
  remediation projects.
         (d)  In using money in the fund, the commission shall give
  preference to environmental remediation projects that are located
  in counties in which a violation for which a civil penalty was
  deposited to the fund under Section 7.107 occurred.
         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.
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