Bill Text: TX HB4025 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 4025 (Prior Session Legislation)

Introduced

Bill Title: Relating to the relationship between the amount of an administrative penalty imposed by the Texas Commission on Environmental Quality and the economic benefit of the violation to the alleged violator.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-31 - Referred to Environmental Regulation [HB4025 Detail]

Download: Texas-2017-HB4025-Introduced.html

	85R8001 JTS-D

	By: Rodriguez of Travis	H.B. No. 4025



	A BILL TO BE ENTITLED
	AN ACT
	relating to the relationship between the amount of an
	administrative penalty imposed by the Texas Commission on
	Environmental Quality and the economic benefit of the violation to
	the alleged violator.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. 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) the 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) Except as otherwise provided by Subsections (c) and (d)
	and notwithstanding Subsection (a), in determining the amount of an
	administrative penalty, the commission shall, to the extent
	practicable, ensure that the amount of the penalty is at least equal
	to the value of any economic benefit gained by the alleged violator
	through the violation.
	(c) In determining the economic benefit of noncompliance,
	the commission shall provide the alleged violator, on the
	violator's request, an opportunity to:
	(1) review the information on which the economic
	benefit calculation is based; and
	(2) demonstrate that the calculation does not reflect
	the actual circumstances.
	(d) A determination under Subsection (b) may not result in
	the imposition of an administrative penalty in an amount that
	exceeds a limitation on the amount of the penalty provided by
	statute, including the maximum amount provided by Section 7.052.
	(e) The commission shall allow a governmental entity or
	nonprofit organization to defer payment on any portion of the
	penalty attributable to the consideration of economic benefit on
	the condition that the entity or organization complies with the
	schedule and terms of the enforcement order associated with the
	violation for which the penalty is imposed.
	SECTION 2. Sections 7.053(b), (c), (d), and (e), Water
	Code, as added by this Act, apply only to a violation that occurs on
	or after the effective date of this Act. 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 3. This Act takes effect September 1, 2017.