WATER CODE
CHAPTER 7. ENFORCEMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 7.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Natural Resource
Conservation Commission.
(2) "Permit" includes a license, certificate,
registration, approval, or other form of authorization. This
definition does not apply to Subchapter G.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.002. ENFORCEMENT AUTHORITY. The commission may
initiate an action under this chapter to enforce provisions of this
code and the Health and Safety Code within the commission's
jurisdiction as provided by Section 5.013 of this code and rules
adopted under those provisions. The commission or the executive
director may institute legal proceedings to compel compliance with
the relevant provisions of this code and the Health and Safety Code
and rules, orders, permits, or other decisions of the commission.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.0025. INITIATION OF ENFORCEMENT ACTION USING
INFORMATION PROVIDED BY PRIVATE INDIVIDUAL. (a) The commission
may initiate an enforcement action on a matter under its
jurisdiction under this code or the Health and Safety Code based on
information it receives from a private individual if that
information, in the commission's judgment, is of sufficient value
and credibility to warrant the initiation of an enforcement action.
(b) The executive director or the executive director's
designated representative may evaluate the value and credibility of
information received from a private individual and the merits of
any proposed enforcement action based on that information.
(c) The commission by rule may adopt criteria for the
executive director to use in evaluating the value and credibility
of information received from a private individual and for use of
that information in an enforcement action.
(d) A private individual who submits information on which
the commission relies for all or part of an enforcement case may be
called to testify in the enforcement proceedings and is subject to
all sanctions under law for knowingly falsifying evidence. If the
commission relies on the information submitted by a private
individual to prove an enforcement case, any physical or sampling
data must have been collected or gathered in accordance with
commission protocols.
Added by Acts 2001, 77th Leg., ch. 965, § 1.24, eff. Sept. 1,
2001.
§ 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST
CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. If a water
supply, sewer, wastewater treatment, or solid waste disposal
service operated by or for a municipality or county is being
integrated into a regional water supply, sewer, wastewater
treatment, or solid waste disposal service, the commission may
enter into a compliance agreement with the regional service under
which the commission will not initiate an enforcement action
against the regional service for existing or anticipated violations
resulting from the operation by the regional service of the service
being integrated. A compliance agreement under this section must
include provisions necessary to bring the service being integrated
into compliance.
Added by Acts 2003, 78th Leg., ch. 1115, § 1, eff. June 20, 2003.
§ 7.003. ENFORCEMENT REPORT. (a) The commission shall
report at least once each month on enforcement actions taken by the
commission or others and the resolution of those actions.
(b) The report shall be an item for commission discussion at
a meeting of the commission for which public notice is given.
(c) If an enforcement action involves a suit filed for
injunctive relief or civil penalties, or both, the report shall
state the actual or projected time for resolution of the suit. A
copy of the report and of the minutes of the meeting reflecting
commission action relating to the report shall be filed with the
governor and the attorney general.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.004. REMEDIES CUMULATIVE. The remedies under this
chapter are cumulative of all other remedies. Nothing in this
chapter affects the right of a private corporation or individual to
pursue any available common law remedy to abate a condition of
pollution or other nuisance, to recover damages to enforce a right,
or to prevent or seek redress or compensation for the violation of a
right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.005. EFFECT ON OTHER LAW. This chapter does not
exempt a person from complying with or being subject to other law.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
SUBCHAPTER B. CORRECTIVE ACTION AND INJUNCTIVE RELIEF
§ 7.031. CORRECTIVE ACTION RELATING TO HAZARDOUS
WASTE. (a) The commission shall require corrective action for a
release of hazardous waste or hazardous waste constituents from a
solid waste management unit at a solid waste processing, storage,
or disposal facility that is required to obtain a permit for the
management of hazardous waste and whose permit is issued after
November 8, 1984, regardless of when the waste is placed in the
unit.
(b) The commission shall establish schedules for compliance
for the corrective action if the corrective action cannot be
completed before permit issuance and shall require assurances of
financial responsibility for completing the corrective action.
(c) If the commission determines that there is or has been a
release of hazardous waste into the environment from a facility
required to obtain a permit in accordance with an approved state
program under Section 3006 of the federal Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Section 6901 et seq.), the commission may:
(1) issue an order requiring corrective action or
other response measures considered necessary to protect human
health or the environment; or
(2) institute a civil action under Subchapter D.
(d) An order issued under this section:
(1) may include a suspension or revocation of
authorization to operate;
(2) must state with reasonable specificity the nature
of the required corrective action or other response measure; and
(3) must specify a time for compliance.
(e) If a person named in the order does not comply with the
order, the commission may assess an administrative penalty or seek
a civil penalty in accordance with this chapter.
(f) Nothing in this section limits the authority of the
commission, consistent with federal law, to issue an order for the
closure, post-closure care, or other remediation of hazardous waste
or hazardous waste constituents from a solid waste management unit
at a solid waste processing, storage, or disposal facility.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 965, § 9.07, eff. Sept. 1,
2001.
§ 7.032. INJUNCTIVE RELIEF. (a) The executive
director may enforce a commission rule or a provision of a permit
issued by the commission by injunction or other appropriate remedy.
(b) If it appears that a violation or threat of violation of
a statute within the commission's jurisdiction or a rule adopted or
an order or a permit issued under such a statute has occurred or is
about to occur, the executive director may have a suit instituted in
district court for injunctive relief to restrain the violation or
threat of violation.
(c) The suit may be brought in the county in which the
defendant resides or in the county in which the violation or threat
of violation occurs.
(d) In a suit brought under this section to enjoin a
violation or threat of violation described by Subsection (b), the
court may grant the commission, without bond or other undertaking,
any prohibitory or mandatory injunction the facts may warrant,
including a temporary restraining order and, after notice and
hearing, a temporary injunction or permanent injunction.
(e) On request of the executive director, the attorney
general or the prosecuting attorney in a county in which the
violation occurs shall initiate a suit in the name of the state for
injunctive relief. The suit may be brought independently of or in
conjunction with a suit under Subchapter D.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.033. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH
AND SAFETY CODE, VIOLATION. The commission shall seek
reimbursement, either by a commission order or by a suit filed under
Subchapter D by the attorney general at the commission's request,
of security from the radiation and perpetual care account used by
the commission to pay for actions, including corrective measures,
to remedy spills or contamination by radioactive material resulting
from a violation of Chapter 401, Health and Safety Code, relating to
an activity under the commission's jurisdiction or a rule adopted
or a license, registration, or order issued by the commission under
that chapter.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 580, § 12, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1067, § 23, eff. Sept. 1, 2003.
SUBCHAPTER C. ADMINISTRATIVE PENALTIES
§ 7.051. ADMINISTRATIVE PENALTY. (a) The commission
may assess an administrative penalty against a person as provided
by this subchapter if:
(1) the person violates:
(A) a provision of this code or of the Health and
Safety Code that is within the commission's jurisdiction;
(B) a rule adopted or order issued by the
commission under a statute within the commission's jurisdiction;
or
(C) a permit issued by the commission under a
statute within the commission's jurisdiction; and
(2) a county, political subdivision, or municipality
has not instituted a lawsuit and is not diligently prosecuting that
lawsuit under Subchapter H against the same person for the same
violation.
(b) This subchapter does not apply to violations of Chapter
11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety
Code.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.052. MAXIMUM PENALTY. (a) The amount of the
penalty for a violation of Chapter 37 of this code, Chapter 366,
371, or 372, Health and Safety Code, or Chapter 1903, Occupations
Code, may not exceed $2,500 a day for each violation.
(b) The amount 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.
(c) The amount 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.
(d) Except as provided by Subsection (b), each day that a
continuing violation occurs may be considered a separate violation.
The commission may authorize an installment payment schedule for an
administrative penalty assessed under this subchapter, except for
an administrative penalty assessed under Section 7.057 or assessed
after a hearing under Section 7.058.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 376, § 3.02, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 880, § 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 965, § 5.08(b), eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1271, § 2, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1276, § 14A.843, eff. Sept. 1, 2003.
§ 7.0525. PENALTIES FOR VIOLATIONS RELATED TO CERTAIN
DRY CLEANING FACILITIES. (a) Except as provided by Subsection
(b), the amount of the penalty for a violation of Section 374.252,
Health and Safety Code, may not exceed $5,000.
(b) The amount of the penalty for a violation of Section
374.252(a)(1), Health and Safety Code, may not exceed $1,000.
(c) In assessing an administrative penalty under this
section, the commission shall consider, in addition to the factors
prescribed by Section 7.053, the following factors, if applicable:
(1) the extent to which the violation has or may have
an adverse effect on the environment; and
(2) the amount of the reasonable costs incurred by
this state in detection and investigation of the violation.
Acts 2003, 78th Leg., ch. 540, § 2, eff. Sept. 1, 2003.
§ 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF
PENALTY AMOUNT. 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.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.054. REPORT OF VIOLATION. If, after examination of
a possible violation and the facts surrounding that possible
violation, the executive director concludes that a violation has
occurred, the executive director may issue a preliminary report in
accordance with commission rules that includes recommendations
regarding any penalty or corrective action.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.055. NOTICE OF REPORT. Not later than the 10th day
after the date on which the report of a violation is issued, the
executive director shall give written notice of the report, in
accordance with commission rules, to the person charged with the
violation.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.056. CONSENT. Not later than the 20th day after the
date on which notice is received, the person charged may give to the
commission written consent to the executive director's report,
including the recommended penalty, or make a written request for a
hearing.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.057. DEFAULT. If the person charged with the
violation consents to the penalty recommended by the executive
director or does not timely respond to the notice, the commission by
order shall assess the penalty or order a hearing to be held on the
recommendations in the executive director's report. If the
commission assesses the penalty, the commission shall give written
notice of its decision to the person charged.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.058. HEARING. If the person charged requests or the
commission orders a hearing, the commission shall order and shall
give notice of the hearing. The commission by order may find that a
violation has occurred and may assess a penalty, may find that a
violation has occurred but that a penalty should not be assessed, or
may find that a violation has not occurred. In making a penalty
decision, the commission shall analyze each factor prescribed by
Section 7.053. All proceedings under this section are subject to
Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept.1, 1997.
§ 7.059. NOTICE OF DECISION. The commission shall give
notice of its decision to the person charged. If the commission
finds that a violation has occurred and assesses a penalty, the
commission shall give written notice to the person charged of:
(1) the commission's findings;
(2) the amount of the penalty;
(3) the right to judicial review of the commission's
order; and
(4) other information required by law.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.060. NOTICE OF PENALTY. If the commission is
required to give notice of a penalty under Section 7.057 or 7.059,
the commission shall publish notice of its decision in the Texas
Register not later than the 10th day after the date on which the
decision is adopted.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.061. PAYMENT OF PENALTY; PETITION FOR
REVIEW. Within the 30-day period immediately following the date on
which the commission's order is final, as provided by Section
2001.144, Government Code, the person charged with the penalty
shall:
(1) pay the penalty in full;
(2) pay the first installment penalty payment in full;
(3) pay the penalty and file a petition for judicial
review, contesting either the amount of the penalty or the fact of
the violation or contesting both the fact of the violation and the
amount of the penalty; or
(4) without paying the penalty, file a petition for
judicial review contesting the occurrence of the violation and the
amount of the penalty.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.062. STAYS. Within the 30-day period described by
Section 7.061, a person who acts under Section 7.061(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the commission's order is
final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to give the
supersedeas bond; and
(B) sending a copy of the affidavit to the
executive director by certified mail.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.063. CONSENT TO AFFIDAVIT. If the executive
director receives a copy of an affidavit under Section 7.062(2),
the executive director may file with the court, within five days
after the date the copy is received, a contest to the affidavit.
The court shall hold a hearing on the facts alleged in the affidavit
as soon as practicable and shall stay the enforcement of the penalty
on finding that the alleged facts are true. The person who files an
affidavit has the burden of proving that the person is financially
unable to pay the penalty or give the supersedeas bond.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.064. JUDICIAL REVIEW. Judicial review of the order
or decision of the commission assessing the penalty is under
Subchapter G, Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.065. PENALTY REDUCED OR NOT ASSESSED. (a) If the
person paid the penalty and if the penalty is reduced or not
assessed by the court, the executive director shall remit to the
person charged the appropriate amount plus accrued interest if the
penalty has been paid or shall execute a release of the bond if a
supersedeas bond has been posted.
(b) The accrued interest on amounts remitted by the
executive director under this section shall be paid at a rate equal
to the rate charged on loans to depository institutions by the New
York Federal Reserve Bank and shall be paid for the period beginning
on the date the penalty is paid to the executive director under
Section 7.061 and ending on the day the penalty is remitted.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.066. REFERRAL TO ATTORNEY GENERAL. A person who
does not comply with Section 7.061 waives the right to judicial
review, and the commission or the executive director may refer the
matter to the attorney general for enforcement.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The
commission may compromise, modify, or remit, with or without
conditions, an administrative penalty imposed under this
subchapter. In determining the appropriate amount of a penalty for
settlement of an administrative enforcement matter, the commission
may consider a respondent's willingness to contribute to
supplemental environmental projects that are approved by the
commission, giving preference to projects that benefit the
community in which the alleged violation occurred. The commission
may encourage the cleanup of contaminated property through the use
of supplemental environmental projects. The commission may approve
a supplemental environmental project with activities in territory
of the United Mexican States if the project substantially benefits
territory in this state in a manner described by Subsection (b).
The commission may not approve a project that is necessary to bring
a respondent into compliance with environmental laws, that is
necessary to remediate environmental harm caused by the
respondent's alleged violation, or that the respondent has already
agreed to perform under a preexisting agreement with a governmental
agency.
(b) In this section, "supplemental environmental project"
means a project that prevents pollution, reduces the amount of
pollutants reaching the environment, enhances the quality of the
environment, or contributes to public awareness of environmental
matters.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 290, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 483, § 7, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 965, § 4.03, eff. Sept. 1, 2001.
§ 7.068. FULL AND COMPLETE SATISFACTION. Payment of an
administrative penalty under this subchapter is full and complete
satisfaction of the violation for which the penalty is assessed and
precludes any other civil or criminal penalty for the same
violation.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.069. DISPOSITION OF PENALTY. A penalty collected
under this subchapter shall be deposited to the credit of the
general revenue fund.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.070. FINDINGS OF FACT NOT REQUIRED;
RESERVATIONS. Notwithstanding any other provision to the
contrary, the commission is not required to make findings of fact or
conclusions of law other than an uncontested finding that the
commission has jurisdiction in an agreed order compromising or
settling an alleged violation of a statute within the commission's
jurisdiction or of a rule adopted or an order or a permit issued
under such a statute. An agreed administrative order may include a
reservation that:
(1) the order is not an admission of a violation of a
statute within the commission's jurisdiction or of a rule adopted
or an order or a permit issued under such a statute;
(2) the occurrence of a violation is in dispute; or
(3) the order is not intended to become a part of a
party's or a facility's compliance history.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.071. INADMISSIBILITY. An agreed administrative
order issued by the commission under this subchapter is not
admissible against a party to that order in a civil proceeding
unless the proceeding is brought by the attorney general's office
to:
(1) enforce the terms of that order; or
(2) pursue a violation of a statute within the
commission's jurisdiction or of a rule adopted or an order or a
permit issued under such a statute.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.072. RECOVERY OF PENALTY. An administrative
penalty owed under this subchapter may be recovered in a civil
action brought by the attorney general at the request of the
commission.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.073. CORRECTIVE ACTION. If a person violates any
statute or rule within the commission's jurisdiction, the
commission may:
(1) assess against the person an administrative
penalty under this subchapter; and
(2) order the person to take corrective action.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.074. HEARING POWERS. The commission may exercise
under this subchapter the hearing powers authorized by Section
26.020.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.075. PUBLIC COMMENT. (a) Before the commission
approves an administrative order or proposed agreement to settle an
administrative enforcement action initiated under this subchapter
to which the commission is a party, the commission shall allow the
public to comment in writing on the proposed order or agreement.
Notice of the opportunity to comment shall be published in the Texas
Register not later than the 30th day before the date on which the
public comment period closes.
(b) The commission shall promptly consider any written
comments and may withdraw or withhold consent to the proposed order
or agreement if the comments disclose facts or considerations that
indicate that the consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of this subchapter, another
statute within the commission's jurisdiction, or a rule adopted or
an order or a permit issued under such a statute. Further notice of
changes to the proposed order or agreement is not required to be
published if those changes arise from comments submitted in
response to a previous notice.
(c) This section does not apply to:
(1) a criminal enforcement proceeding; or
(2) an emergency order or other emergency relief that
is not a final order of the commission.
(d) Chapter 2001, Government Code, does not apply to public
comment under this section.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
SUBCHAPTER D. CIVIL PENALTIES
§ 7.101. VIOLATION. A person may not cause, suffer,
allow, or permit a violation of a statute within the commission's
jurisdiction or a rule adopted or an order or permit issued under
such a statute.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.102. MAXIMUM PENALTY. A person who causes, suffers,
allows, or permits a violation of a statute, rule, order, or permit
relating to Chapter 37 of this code, Chapter 366, 371, or 372,
Health and Safety Code, or Chapter 1903, Occupations Code, shall be
assessed for each violation a civil penalty not less than $50 nor
greater than $5,000 for each day of each violation as the court or
jury considers proper. A person who causes, suffers, allows, or
permits a violation of a statute, rule, order, or permit relating to
any other matter within the commission's jurisdiction to enforce,
other than violations of Chapter 11, 12, 13, 16, or 36 of this code,
or Chapter 341, Health and Safety Code, shall be assessed for each
violation a civil penalty not less than $50 nor greater than $25,000
for each day of each violation as the court or jury considers
proper. Each day of a continuing violation is a separate violation.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 376, § 3.03, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 880, § 3, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, § 14A.844, eff. Sept. 1, 2003.
§ 7.103. CONTINUING VIOLATIONS. If it is shown on a
trial of a defendant that the defendant has previously been
assessed a civil penalty for a violation of a statute within the
commission's jurisdiction or a rule adopted or an order or a permit
issued under such a statute within the year before the date on which
the violation being tried occurred, the defendant shall be assessed
a civil penalty not less than $100 nor greater than $25,000 for each
subsequent day and for each subsequent violation. Each day of a
continuing violation is a separate violation.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.104. NO PENALTY FOR FAILURE TO PAY CERTAIN FEES. A
civil penalty may not be assessed for failure to:
(1) pay a fee under Section 371.062, Health and Safety
Code; or
(2) file a report under Section 371.024, Health and
Safety Code.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.105. CIVIL SUIT. (a) On the request of the
executive director or the commission, the attorney general shall
institute a suit in the name of the state for injunctive relief
under Section 7.032, to recover a civil penalty, or for both
injunctive relief and a civil penalty.
(b) The commission, through the executive director, shall
refer a matter to the attorney general's office for enforcement
through civil suit if a person:
(1) is alleged to be making or to have made an
unauthorized discharge of waste into or adjacent to the waters in
the state at a new point of discharge without a permit in violation
of state law;
(2) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 26
occurring at the same wastewater management system or other point
of discharge within the two years immediately preceding the date of
the first alleged violation currently under investigation at that
site;
(3) is alleged to be operating a new solid waste
facility, as defined in Section 361.003, Health and Safety Code,
without a permit in violation of state law;
(4) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 361, Health
and Safety Code, occurring at the same facility within the two years
immediately preceding the date of the first alleged violation
currently under investigation at that site;
(5) is alleged to be constructing or operating a
facility at a new plant site without a permit required by Chapter
382, Health and Safety Code, in violation of state law; or
(6) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 382, Health
and Safety Code, for violations occurring at the same plant site
within the two years immediately preceding the date of the first
alleged violation currently under investigation at that site.
(c) The suit may be brought in Travis County, in the county
in which the defendant resides, or in the county in which the
violation or threat of violation occurs.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.106. RESOLUTION THROUGH ADMINISTRATIVE ORDER. The
attorney general's office and the executive director may agree to
resolve any violation, before or after referral, by an
administrative order issued under Subchapter C by the commission
with the approval of the attorney general.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.107. DIVISION OF CIVIL PENALTY. 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
equally divided between:
(1) the state; and
(2) the local government that brought the suit.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.108. ATTORNEY'S FEES. If the state prevails in a
suit under this subchapter it may recover reasonable attorney's
fees, court costs, and reasonable investigative costs incurred in
relation to the proceeding.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.109. PARKS AND WILDLIFE DEPARTMENT
JURISDICTION. (a) If it appears that a violation or a threat of
violation of Section 26.121 or a rule, permit, or order of the
commission has occurred or is occurring that affects aquatic life
or wildlife, the Parks and Wildlife Department, in the same manner
as the commission under this chapter, may have a suit instituted in
a district court for injunctive relief or civil penalties, or both,
as authorized by this subchapter, against the person who committed
or is committing or threatening to commit the violation.
(b) In a suit brought under this section for a violation
that is the proximate cause of injury to aquatic life or wildlife
normally taken for commercial or sport purposes or to species on
which this life is directly dependent for food, the Parks and
Wildlife Department is entitled to recover damages for the injury.
In determining damages, the court may consider the valuation of the
injured resources established in rules adopted by the Parks and
Wildlife Department under Subchapter D, Chapter 12, Parks and
Wildlife Code, or the replacement cost of the injured resources.
Any recovery of damages for injury to aquatic life or wildlife shall
be deposited to the credit of the game, fish, and water safety
account under Section 11.032, Parks and Wildlife Code, and the
Parks and Wildlife Department shall use money recovered in a suit
brought under this section to replenish or enhance the injured
resources.
(c) The actual cost of investigation, reasonable attorney's
fees, and reasonable expert witness fees may also be recovered, and
those recovered amounts shall be credited to the same operating
accounts from which expenditures occurred.
(d) This section does not limit recovery for damages
available under other laws.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.110. COMMENTS. (a) Before the commission approves
an agreed final judgment, consent order, voluntary settlement
agreement, or other voluntary settlement agreement, or other
voluntary agreement that would finally settle a civil enforcement
action initiated under this chapter to which the State of Texas is a
party or before the court signs a judgment or other agreement
settling a judicial enforcement action other than an enforcement
action under Section 113 or 120 or Title II of the federal Clean Air
Act (42 U.S.C. Section 7401 et seq.), the attorney general shall
permit the public to comment in writing on the proposed order,
judgment, or other agreement.
(b) Notice of the opportunity to comment shall be published
in the Texas Register not later than the 30th day before the date on
which the public comment period closes.
(c) The attorney general shall promptly consider any
written comments and may withdraw or withhold consent to the
proposed order, judgment, or other agreement if the comments
disclose facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of this chapter, the statutes within the commission's
jurisdiction, or a rule adopted or an order or a permit issued under
such a statute. Further notice of changes to the proposed order,
judgment, or other agreement is not required to be published if
those changes arise from comments submitted in response to a
previous notice.
(d) The attorney general may not oppose intervention by a
person who has standing to intervene as provided by Rule 60, Texas
Rules of Civil Procedure.
(e) This section does not apply to:
(1) criminal enforcement proceedings; or
(2) proposed temporary restraining orders, temporary
injunctions, emergency orders, or other emergency relief that is
not a final judgment or final order of the court or commission.
(f) Chapter 2001, Government Code, does not apply to public
comment under this section.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.111. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH
AND SAFETY CODE, VIOLATION. On request by the commission, the
attorney general shall file suit to recover security under Section
7.033.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
SUBCHAPTER E. CRIMINAL OFFENSES AND PENALTIES
§ 7.141. DEFINITIONS. In this subchapter:
(1) "Appropriate regulatory agency" means the
commission, the Texas Department of Health, or any other agency
authorized to regulate the handling and disposal of medical waste.
(2) "Corporation" and "association" have the meanings
assigned by Section 1.07, Penal Code, except that the terms do not
include a government.
(3) "Large quantity generator" means a person who
generates more than 50 pounds of medical waste each month.
(4) "Medical waste" includes animal waste, bulk blood
and blood products, microbiological waste, pathological waste,
sharps, and special waste from health care-related facilities as
those terms are defined in 25 T.A.C. Section 1.132 (Texas
Department of Health, Definition, Treatment, and Disposition of
Special Waste from Health Care-Related Facilities). The term does
not include medical waste produced on farmland and ranchland as
defined by Section 252.001(6), Agriculture Code.
(5) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(6) "Small quantity generator" means a person who
generates 50 pounds or less of medical waste each month.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.142. VIOLATIONS RELATING TO UNLAWFUL USE OF STATE
WATER. (a) A person commits an offense if the person violates:
(1) Section 11.081;
(2) Section 11.083;
(3) Section 11.084;
(4) Section 11.087;
(5) Section 11.088;
(6) Section 11.089;
(7) Section 11.090;
(8) Section 11.091;
(9) Section 11.092;
(10) Section 11.093;
(11) Section 11.094;
(12) Section 11.096;
(13) Section 11.203; or
(14) Section 11.205.
(b) An offense under Subsection (a)(9), (a)(10), or (a)(14)
is punishable under Section 7.187(1)(A) or Section 7.187(2)(B) or
both.
(c) An offense under Subsection (a)(1), (a)(2), (a)(4),
(a)(6), (a)(7), or (a)(8) is punishable under Section 7.187(1)(A)
or Section 7.187(2)(C) or both.
(d) An offense under Subsection (a)(3) or (a)(11) is
punishable under Section 7.187(1)(A) or Section 7.187(2)(D) or
both.
(e) An offense under Subsection (a)(5) is punishable under
Section 7.187(1)(A) or Section 7.187(2)(E) or both.
(f) Possession of state water when the right to its use has
not been acquired according to Chapter 11 is prima facie evidence of
a violation of Section 11.081.
(g) Possession or use of water on a person's land by a person
not entitled to the water under this code is prima facie evidence of
a violation of Section 11.083.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.143. VIOLATION OF MINIMUM STATE STANDARDS OR MODEL
POLITICAL SUBDIVISION RULES. (a) A person commits an offense if
the person knowingly or intentionally violates a rule adopted under
Subchapter J, Chapter 16.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED
DISCHARGE. (a) A person commits an offense if the person, acting
intentionally or knowingly with respect to the person's conduct,
discharges or allows the discharge of a waste or pollutant:
(1) into or adjacent to water in the state that causes
or threatens to cause water pollution unless the waste or pollutant
is discharged in strict compliance with all required permits or
with an order issued or a rule adopted by the appropriate regulatory
agency; or
(2) from a point source in violation of Chapter 26 or
of a rule, permit, or order of the appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(F) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 934, § 1, eff. June 14,
2001.
§ 7.147. UNAUTHORIZED DISCHARGE. (a) A person commits
an offense if the person discharges or allows the discharge of any
waste or pollutant into any water in the state that causes or
threatens to cause water pollution unless the waste or pollutant is
discharged in strict compliance with all required permits or with a
valid and currently effective order issued or rule adopted by the
appropriate regulatory agency.
(b) An offense under this section may be prosecuted without
alleging or proving any culpable mental state.
(c) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(D) or
both.
(d) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.148. FAILURE TO PROPERLY USE POLLUTION CONTROL
MEASURES. (a) A person commits an offense if the person
intentionally or knowingly tampers with, modifies, disables, or
fails to use pollution control or monitoring devices, systems,
methods, or practices required by Chapter 26 or a rule adopted or a
permit or an order issued under Chapter 26 by the commission or one
of its predecessor agencies unless done in strict compliance with
the rule, permit, or order.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.149. FALSE STATEMENT. (a) A person commits an
offense if the person intentionally or knowingly makes or causes to
be made a false material statement, representation, or
certification in, or omits or causes to be omitted material
information from, an application, notice, record, report, plan, or
other document, including monitoring device data, filed or required
to be maintained by Chapter 26 or by a rule adopted or a permit or an
order issued by the appropriate regulatory agency under Chapter 26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.150. FAILURE TO NOTIFY OR REPORT. (a) A person
commits an offense if the person intentionally or knowingly fails
to notify or report to the commission as required under Chapter 26
or by a rule adopted or a permit or an order issued by the
appropriate regulatory agency under Chapter 26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.151. FAILURE TO PAY FEE. (a) A person commits an
offense if the person intentionally or knowingly fails to pay a fee
required by Chapter 26 or by a rule adopted or a permit or an order
issued by the appropriate regulatory agency under Chapter 26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(H) or Section 7.187(2)(B) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(H).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.152. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE
AND KNOWING ENDANGERMENT. (a) A person commits an offense if the
person, acting intentionally or knowingly, discharges or allows the
discharge of a waste or pollutant into or adjacent to water in the
state and by that action knowingly places another person in
imminent danger of death or serious bodily injury, unless the
discharge is made in strict compliance with all required permits or
with an order issued or rule adopted by the appropriate regulatory
agency.
(b) For purposes of Subsection (a), in determining whether a
defendant who is an individual knew that the violation placed
another person in imminent danger of death or serious bodily
injury, the defendant is responsible only for the defendant's
actual awareness or actual belief possessed. Knowledge possessed
by a person other than the defendant may not be attributed to the
defendant. To prove a defendant's actual knowledge, circumstantial
evidence may be used, including evidence that the defendant took
affirmative steps to be shielded from relevant information.
(c) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(G) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(E) or Section
7.187(2)(I) or both.
(d) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.153. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE
AND ENDANGERMENT. (a) A person commits an offense if the person,
acting intentionally or knowingly with respect to the person's
conduct, discharges or allows the discharge of a waste or pollutant
into or adjacent to water in the state and by that action places
another person in imminent danger of death or serious bodily
injury, unless the discharge is made in strict compliance with all
required permits or with a valid and currently effective order
issued or rule adopted by the appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(E) or Section
7.187(2)(G) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.154. RECKLESS UNAUTHORIZED DISCHARGE AND
ENDANGERMENT. (a) A person commits an offense if the person,
acting recklessly with respect to the person's conduct, discharges
or allows the discharge of a waste or pollutant into or adjacent to
water in the state and by that action places another person in
imminent danger of death or serious bodily injury, unless the
discharge is made in strict compliance with all required permits or
with a valid and currently effective order issued or rule adopted by
the appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(D) or Section
7.187(2)(F) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(E).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.155. VIOLATION RELATING TO DISCHARGE OR
SPILL. (a) A person commits an offense if the person:
(1) operates, is in charge of, or is responsible for a
facility or vessel that causes a discharge or spill as defined by
Section 26.263 and does not report the spill or discharge on
discovery; or
(2) knowingly falsifies a record or report concerning
the prevention or cleanup of a discharge or spill.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor.
(c) An offense under Subsection (a)(2) is a felony of the
third degree.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.156. VIOLATION RELATING TO UNDERGROUND STORAGE
TANK. (a) A person or business entity commits an offense if:
(1) the person or business entity engages in the
installation, repair, or removal of an underground storage tank and
the person or business entity:
(A) does not hold a registration under Section
26.452; and
(B) is not under the substantial control of a
person or business entity who holds a registration under Section
26.452;
(2) the person or business entity:
(A) authorizes or allows the installation,
repair, or removal of an underground storage tank to be conducted by
a person or business entity who does not hold a registration under
Section 26.452; or
(B) authorizes or allows the installation,
repair, or removal of an underground storage tank to be performed or
supervised by a person or business entity who does not hold a
license under Section 26.456; or
(3) the conduct of the person or business entity makes
the person or business entity responsible for a violation of
Subchapter K, Chapter 26, or of a rule adopted or order issued under
that subchapter.
(b) A person commits an offense if the person performs or
supervises the installation, repair, or removal of an underground
storage tank unless:
(1) the person holds a license under Section 26.456;
or
(2) another person who holds a license under Section
26.456 is substantially responsible for the performance or
supervision of the installation, repair, or removal.
(c) A person commits an offense if the person is an owner or
operator of an undeground storage tank regulated under Chapter 26
into which any regulated substance is delivered or physically
delivers any regulated substance into an underground storage tank
regulated under Chapter 26 unless the underground storage tank has
been issued a valid, current underground storage tank registration
and certificate of compliance under Section 26.346.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1441, § 4, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 880, § 4, eff. Sept. 1, 2001.
§ 7.1565. PRESUMPTION. If in the exercise of good faith
a person depositing or causing to be deposited a regulated
substance into an underground storage tank regulated under Chapter
26 receives a certificate of compliance for that underground
storage tank under Section 26.346, the receipt of the certificate
of compliance shall be considered prima facie evidence of
compliance with this section.
Added by Acts 1999, 76th Leg., ch. 1441, § 5, eff. Sept. 1, 1999.
§ 7.157. VIOLATION RELATING TO INJECTION WELLS. (a) A
person commits an offense if the person knowingly or intentionally
violates Chapter 27 or a rule adopted or an order or a permit issued
under Chapter 27.
(b) An offense under this section is punishable under
Section 7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.158. VIOLATION RELATING TO PLUGGING WELLS. (a) A
person commits an offense if the person is the owner of a well that
is required to be cased or plugged by Chapter 28 and the person:
(1) fails or refuses to case or plug the well within
the 30-day period following the date of the commission's order to do
so; or
(2) fails to comply with any other order issued by the
commission under Chapter 28 within the 30-day period following the
date of the order.
(b) An offense under this section is a misdemeanor and is
punishable under Section 7.187(1)(A).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.159. VIOLATION RELATING TO WATER WELLS OR DRILLED OR
MINED SHAFTS. (a) A person commits an offense if the person
knowingly or intentionally violates Chapter 28 or a commission rule
adopted or an order or a permit issued under that chapter.
(b) An offense under this section is punishable under
Section 7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.160. VIOLATION RELATING TO CERTAIN SUBSURFACE
EXCAVATIONS. (a) A person commits an offense if the person
knowingly or intentionally violates Chapter 31 or a commission rule
adopted or an order or a permit issued under that chapter.
(b) An offense under this section is punishable under
Section 7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.161. VIOLATION RELATING TO SOLID WASTE IN ENCLOSED
CONTAINERS OR VEHICLES. (a) An operator of a solid waste facility
or a solid waste hauler commits an offense if the operator or hauler
disposes of solid waste in a completely enclosed container or
vehicle at a solid waste site or operation permitted as a Type IV
landfill:
(1) without having in possession the special permit
required by Section 361.091, Health and Safety Code;
(2) on a date or time not authorized by the commission;
or
(3) without a commission inspector present to verify
that the solid waste is free of putrescible, hazardous, and
infectious waste.
(b) An offense under this section is a Class B misdemeanor.
(c) This section does not apply to:
(1) a stationary compactor that is at a specific
location and that has an annual permit under Section 361.091,
Health and Safety Code, issued by the commission, on certification
to the commission by the generator that the contents of the
compactor are free of putrescible, hazardous, or infectious waste;
or
(2) an enclosed vehicle of a municipality if the
vehicle has a permit issued by the commission to transport brush or
construction-demolition waste and rubbish on designated dates, on
certification by the municipality to the commission that the
contents of the vehicle are free of putrescible, hazardous, or
infectious waste.
(d) In this section, "putrescible waste" means organic
waste, such as garbage, wastewater treatment plant sludge, and
grease trap waste, that may:
(1) be decomposed by microorganisms with sufficient
rapidity as to cause odors or gases; or
(2) provide food for or attract birds, animals, or
disease vectors.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.162. VIOLATIONS RELATING TO HAZARDOUS
WASTE. (a) A person commits an offense if the person, acting
intentionally or knowingly with respect to the person's conduct:
(1) transports, or causes or allows to be transported,
for storage, processing, or disposal, any hazardous waste to any
location that does not have all required permits;
(2) stores, processes, exports, or disposes of, or
causes to be stored, processed, exported, or disposed of, any
hazardous waste without all permits required by the appropriate
regulatory agency or in knowing violation of any material condition
or requirement of a permit or of an applicable interim status rule
or standard;
(3) omits or causes to be omitted material information
or makes or causes to be made any false material statement or
representation in any application, label, manifest, record,
report, permit, plan, or other document filed, maintained, or used
to comply with any requirement of Chapter 361, Health and Safety
Code, applicable to hazardous waste;
(4) generates, transports, stores, processes, or
disposes of, or otherwise handles, or causes to be generated,
transported, stored, processed, disposed of, or otherwise handled,
hazardous waste, whether the activity took place before or after
September 1, 1981, and who knowingly destroys, alters, conceals, or
does not file, or causes to be destroyed, altered, concealed, or not
filed, any record, application, manifest, report, or other document
required to be maintained or filed to comply with the rules of the
appropriate regulatory agency adopted under Chapter 361, Health and
Safety Code;
(5) transports without a manifest, or causes or allows
to be transported without a manifest, any hazardous waste required
by rules adopted under Chapter 361, Health and Safety Code, to be
accompanied by a manifest;
(6) tampers with, modifies, disables, or fails to use
required pollution control or monitoring devices, systems,
methods, or practices, unless done in strict compliance with
Chapter 361, Health and Safety Code, or with an order, rule, or
permit of the appropriate regulatory agency;
(7) releases, causes, or allows the release of a
hazardous waste that causes or threatens to cause pollution, unless
the release is made in strict compliance with all required permits
or an order, rule, or permit of the appropriate regulatory agency;
or
(8) does not notify or report to the appropriate
regulatory agency as required by Chapter 361, Health and Safety
Code, or by a rule adopted or an order or a permit issued by the
appropriate regulatory agency under that chapter.
(b) An offense under Subsection (a)(1) or (a)(2) is
punishable for an individual under Section 7.187(1)(B) or Section
7.187(2)(G) or both. An offense under Subsection (a)(3), (a)(4),
or (a)(5) is punishable for an individual under Section 7.187(1)(B)
or Section 7.187(2)(E) or both. An offense under Subsection
(a)(6), (a)(7), or (a)(8) is punishable for an individual under
Section 7.187(1)(C) or Section 7.187(2)(D) or both.
(c) If it is shown on the trial of an individual that the
individual has been previously convicted of an offense under this
section, an offense under Subsection (a)(1) or (a)(2) is punishable
for an individual under Section 7.187(1)(C) or Section 7.187(2)(G)
or both, and an offense under Subsection (a)(3), (a)(4), or (a)(5)
is punishable for an individual under Section 7.187(1)(C) or
Section 7.187(2)(F) or both.
(d) An offense under Subsection (a)(1), (a)(2), (a)(3),
(a)(4), or (a)(5) is punishable for a person other than an
individual under Section 7.187(1)(D). If it is shown on the trial
of a person other than an individual that the person previously has
been convicted of an offense under Subsection (a)(1), (a)(2),
(a)(3), (a)(4), or (a)(5), the offense is punishable under Section
7.187(1)(E). An offense under Subsection (a)(6), (a)(7), or (a)(8)
is punishable for a person other than an individual under Section
7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.163. VIOLATIONS RELATING TO HAZARDOUS WASTE AND
ENDANGERMENT. (a) A person commits an offense if:
(1) acting intentionally or knowingly, the person
transports, processes, stores, exports, or disposes of, or causes
to be transported, processed, stored, exported, or disposed of,
hazardous waste in violation of Chapter 361, Health and Safety
Code, and by that action knowingly places another person in
imminent danger of death or serious bodily injury;
(2) acting intentionally or knowingly with respect to
the person's conduct, transports, processes, stores, exports, or
disposes of, or causes to be transported, processed, stored,
exported, or disposed of, hazardous waste in violation of Chapter
361, Health and Safety Code, and by that action places another
person in imminent danger of death or serious bodily injury, unless
the conduct charged is done in strict compliance with all required
permits or with an order issued or a rule adopted by the appropriate
regulatory agency;
(3) acting intentionally or knowingly with respect to
the person's conduct, releases or causes or allows the release of a
hazardous waste into the environment and by that action places
another person in imminent danger of death or serious bodily
injury, unless the release is made in strict compliance with all
required permits or an order issued or a rule adopted by the
appropriate regulatory agency; or
(4) acting recklessly with respect to the person's
conduct, releases or causes or allows the release of a hazardous
waste into the environment and by that action places another person
in imminent danger of death or serious bodily injury, unless the
release is made in strict compliance with all required permits or an
order issued or a rule adopted by the appropriate regulatory
agency.
(b) An offense under Subsection (a)(1) is punishable for an
individual under Section 7.187(1)(E) or Section 7.187(2)(H) or
both. An offense under Subsection (a)(1) is punishable for a person
other than an individual under Section 7.187(1)(F). If an offense
committed by an individual under Subsection (a)(1) results in death
or serious bodily injury to another person, the individual may be
punished under Section 7.187(1)(F) or Section 7.187(2)(J) or both.
If an offense committed by a person other than an individual under
Subsection (a)(1) results in death or serious bodily injury to
another person, the person may be punished under Section
7.187(1)(G). For purposes of Subsection (a)(1), in determining
whether a defendant who is an individual knew that the violation
placed another person in imminent danger of death or serious bodily
injury, the defendant is responsible only for the defendant's
actual awareness or actual belief possessed. Knowledge possessed
by a person other than the defendant may not be attributed to the
defendant. To prove a defendant's actual knowledge, circumstantial
evidence may be used, including evidence that the defendant took
affirmative steps to be shielded from relevant information.
(c) An offense under Subsection (a)(2) is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both. An offense under Subsection (a)(2) is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed under Subsection (a)(2) results in death or serious
bodily injury to another person, an individual may be punished
under Section 7.187(1)(E) or Section 7.187(2)(G) or both. If an
offense committed by a person other than an individual under
Subsection (a)(2) results in death or serious bodily injury to
another person, the person may be punished under Section
7.187(1)(F).
(d) An offense under Subsection (a)(3) is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both. An offense under Subsection (a)(3) is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by an individual under Subsection (a)(3) results in death
or serious bodily injury to another person, the individual may be
punished under Section 7.187(1)(E) or Section 7.187(2)(G) or both.
If an offense committed by a person other than an individual under
Subsection (a)(3) results in death or serious bodily injury to
another person, the person may be punished under Section
7.187(1)(F).
(e) An offense under Subsection (a)(4) is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both. An offense under Subsection (a)(4) is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by an individual under Subsection (a)(4) results in death
or serious bodily injury to another person, the individual may be
punished under Section 7.187(1)(E) or Section 7.187(2)(E) or both.
If an offense committed by a person other than an individual under
Subsection (a)(4) results in death or serious bodily injury to
another person, the person may be punished under Section
7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.164. VIOLATIONS RELATING TO MEDICAL WASTE: LARGE
GENERATOR. (a) A person commits an offense if the person is a
large quantity generator and the person, acting intentionally or
knowingly with respect to the person's conduct:
(1) generates, collects, stores, processes, exports,
or disposes of, or causes or allows to be generated, collected,
stored, processed, exported, or disposed of, any medical waste
without all permits required by the appropriate regulatory agency
or in knowing violation of a material condition or requirement of a
permit or of an applicable interim status rule or standard; or
(2) generates, collects, stores, treats, transports,
or disposes of, or causes or allows to be generated, collected,
stored, treated, transported, or disposed of, or otherwise handles
any medical waste, and knowingly destroys, alters, conceals, or
does not file a record, report, manifest, or other document
required to be maintained or filed under rules adopted by the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(G) or
both. If it is shown on the trial of an individual that the
individual has been previously convicted of an offense under this
section, the offense is punishable for an individual under Section
7.187(1)(C) or Section 7.187(2)(I) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(B). If it is shown
on the trial of a person other than an individual that the person
has been previously convicted of an offense under this section, the
offense is punishable by Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.165. VIOLATIONS RELATING TO MEDICAL WASTE: SMALL
GENERATOR. (a) A person commits an offense if the person is a
small quantity generator and the person, acting intentionally or
knowingly with respect to the person's conduct:
(1) generates, collects, stores, processes, exports,
or disposes of, or causes or allows to be generated, collected,
stored, processed, exported, or disposed of, any medical waste
without all permits required by the appropriate regulatory agency
or in knowing violation of any material condition or requirement of
a permit or of an applicable interim status rule or standard; or
(2) generates, collects, stores, treats, transports,
or disposes of, or causes or allows to be generated, collected,
stored, treated, transported, or disposed of, or otherwise handles
any medical waste, and knowingly destroys, alters, conceals, or
does not file a record, report, manifest, or other document
required to be maintained or filed under rules adopted by the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(A). If it is shown on the trial
of an individual that the individual has been previously convicted
of an offense under this section, the offense is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(C) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(B). If it is shown
on the trial of a person other than an individual that the person
has been previously convicted of an offense under this section, the
offense is punishable under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.166. VIOLATIONS RELATING TO TRANSPORTATION OF
MEDICAL WASTE. (a) A person commits an offense if the person,
acting intentionally or knowingly with respect to the person's
conduct:
(1) transports, or causes or allows to be transported,
for storage, processing, or disposal, any medical waste to a
location that does not have all required permits;
(2) transports without a manifest, or causes or allows
to be transported without a manifest, any medical waste required to
be accompanied by a manifest under rules adopted by the appropriate
regulatory agency; or
(3) operates a vehicle that is transporting medical
waste, or that is authorized to transport medical waste, in
violation of a rule adopted by the appropriate regulatory agency,
including cleaning and safety regulations, that specifically
relates to the transportation of medical waste.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(D) or
both. If it is shown on the trial of an individual that the
individual has been previously convicted of an offense under this
section, the offense is punishable for an individual under Section
7.187(1)(C) or Section 7.187(2)(E) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If it is shown
on the trial of a person other than an individual that the person
has been previously convicted of an offense under this section, the
offense is punishable under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.167. FALSE STATEMENTS RELATING TO MEDICAL
WASTE. (a) A person commits an offense if the person knowingly:
(1) makes a false material statement, or knowingly
causes or knowingly allows to be made a false material statement, to
a person who prepares a regulated medical waste label, manifest,
application, permit, plan, registration, record, report, or other
document required by an order or a rule of the appropriate
regulatory agency; or
(2) omits material information, or causes or allows
material information to be omitted, from a regulated medical waste
label, manifest, application, permit, plan, registration, record,
report, or other document required by an order or a rule of the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(D) or
both. If it is shown on the trial of an individual that the
individual has been previously convicted of an offense under this
section, the offense is punishable for an individual under Section
7.187(1)(C) or Section 7.187(2)(E) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(B). If it is shown
on the trial of a person other than an individual that the person
has been previously convicted of an offense under this section, the
offense is punishable under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.168. INTENTIONAL OR KNOWING VIOLATION RELATING TO
MEDICAL WASTE AND KNOWING ENDANGERMENT. (a) A person commits an
offense if the person, acting intentionally or knowingly,
transports, processes, stores, exports, or disposes of, or causes
to be transported, processed, stored, exported, or disposed of,
medical waste in violation of Chapter 361, Health and Safety Code,
and by that action knowingly places another person in imminent
danger of death or serious bodily injury.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(E) or Section 7.187(2)(H) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable for an individual under Section 7.187(1)(F)
or Section 7.187(2)(J) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(F). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable under Section 7.187(1)(G).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.169. INTENTIONAL OR KNOWING VIOLATION RELATING TO
MEDICAL WASTE AND ENDANGERMENT. (a) A person commits an offense
if the person, acting intentionally or knowingly with respect to
the person's conduct, transports, processes, stores, exports, or
disposes of medical waste in violation of Chapter 361, Health and
Safety Code, and by that action places another person in imminent
danger of death or serious bodily injury, unless the conduct
charged is done in strict compliance with all required permits or
with an order issued or rule adopted by the appropriate regulatory
agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable for an individual under Section 7.187(1)(E)
or Section 7.187(2)(G) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.170. INTENTIONAL OR KNOWING RELEASE OF MEDICAL WASTE
INTO ENVIRONMENT AND ENDANGERMENT. (a) A person commits an
offense if the person, acting intentionally or knowingly with
respect to the person's conduct, releases or causes or allows the
release of a medical waste into the environment and by that action
places another person in imminent danger of death or serious bodily
injury, unless the release is done in strict compliance with all
required permits or an order issued or rule adopted by the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(G) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable for an individual under Section 7.187(1)(E)
or Section 7.187(2)(G) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.171. RECKLESS RELEASE OF MEDICAL WASTE INTO
ENVIRONMENT AND ENDANGERMENT. (a) A person commits an offense if
the person, acting recklessly with respect to a person's conduct,
releases or causes or allows the release of a medical waste into the
environment and by that action places another person in imminent
danger of death or serious bodily injury, unless the release is made
in strict compliance with all required permits or an order issued or
rule adopted by the appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(D) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable for an individual under Section 7.187(1)(E)
or Section 7.187(2)(E) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
offense is punishable under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.172. FAILURE OF SEWAGE SYSTEM INSTALLER TO
REGISTER. (a) A person commits an offense if the person violates
Section 366.071, Health and Safety Code.
(b) Except as provided by this subsection, an offense under
this section is a Class C misdemeanor. If it is shown on the trial
of the defendant that the defendant has been previously convicted
of an offense under this section, the offense is punishable under
Section 7.187(1)(A) or Section 7.187(2)(A) or both.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1. 1997.
§ 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL. (a) A
person commits an offense if the person violates a rule adopted by
the commission under Chapter 366, Health and Safety Code, or an
order or resolution adopted by an authorized agent under Subchapter
C, Chapter 366, Health and Safety Code.
(b) Except as provided by this subsection, an offense under
this section is a Class C misdemeanor. If it is shown on the trial
of the defendant that the defendant has been previously convicted
of an offense under this section, the offense is punishable under
Section 7.187(1)(A) or Section 7.187(2)(A) or both.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 824, § 1, eff. Sept. 1,
1999.
§ 7.174. VIOLATION OF SEWAGE DISPOSAL SYSTEM PERMIT
PROVISION. (a) A person commits an offense if the person begins
to construct, alter, repair, or extend an on-site sewage disposal
system owned by another person before the owner of the system
obtains a permit to construct, alter, repair, or extend the on-site
sewage disposal system as required by Subchapter D, Chapter 366,
Health and Safety Code.
(b) Except as provided by this subsection, an offense under
this section is a Class C misdemeanor. If it is shown on the trial
of the defendant that the defendant has previously been convicted
of an offense under this section, the offense is punishable under
Section 7.187(1)(A) or Section 7.187(2)(A) or both.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.175. EMERGENCY REPAIR NOT AN OFFENSE. An emergency
repair to an on-site sewage disposal system without a permit in
accordance with the rules adopted under Section 366.012(a)(1)(C),
Health and Safety Code, is not an offense under Section 7.172,
7.173, or 7.174 if a written statement describing the need for the
repair is provided to the commission or its authorized agent not
later than 72 hours after the repair is begun.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.176. VIOLATIONS RELATING TO HANDLING OF USED
OIL. (a) A person commits an offense if the person:
(1) intentionally discharges used oil into a sewer,
drainage system, septic tank, surface water or groundwater,
watercourse, or marine water;
(2) knowingly mixes or commingles used oil with solid
waste that is to be disposed of in landfills or directly disposes of
used oil on land or in landfills, unless the mixing or commingling
of used oil with solid waste that is to be disposed of in landfills
is incident to and the unavoidable result of the mechanical
shredding of motor vehicles, appliances, or other items of scrap,
used, or obsolete metals;
(3) knowingly transports, treats, stores, disposes
of, recycles, causes to be transported, or otherwise handles any
used oil within the state:
(A) in violation of standards or rules for the
management of used oil; or
(B) without first complying with the
registration requirements of Chapter 371, Health and Safety Code,
and rules adopted under that chapter;
(4) intentionally applies used oil to roads or land
for dust suppression, weed abatement, or other similar uses that
introduce used oil into the environment;
(5) violates an order of the commission to cease and
desist an activity prohibited by this section or a rule applicable
to a prohibited activity; or
(6) intentionally makes a false statement or
representation in an application, label, manifest, record, report,
permit, or other document filed, maintained, or used for purposes
of program compliance.
(b) It is an exception to the application of this section
that a person unknowingly disposes into the environment any used
oil that has not been properly segregated or separated by the
generator from other solid wastes.
(c) It is an exception to the application of Subsection
(a)(2) that the mixing or commingling of used oil with solid waste
that is to be disposed of in landfills is incident to and the
unavoidable result of the mechanical shredding of motor vehicles,
appliances, or other items of scrap, used, or obsolete metals.
(d) Except as provided by this subsection, an offense under
this section is punishable under Section 7.187(1)(B) or Section
7.187(2)(F), or both. If it is shown on the trial of the defendant
that the defendant has been previously convicted of an offense
under this section, the offense is punishable under Section
7.187(1)(C) or Section 7.187(2)(H) or both.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.177. VIOLATIONS OF CLEAN AIR ACT. (a) A person
commits an offense if the person intentionally or knowingly, with
respect to the person's conduct, violates:
(1) Section 382.0518(a), Health and Safety Code;
(2) Section 382.054, Health and Safety Code;
(3) Section 382.056(a), Health and Safety Code;
(4) Section 382.058(a), Health and Safety Code; or
(5) an order, permit, or exemption issued or a rule
adopted under Chapter 382, Health and Safety Code.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(C) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.178. FAILURE TO PAY FEES UNDER CLEAN AIR
ACT. (a) A person commits an offense if the person intentionally
or knowingly does not pay a fee required by Chapter 382, Health and
Safety Code, or by a rule adopted or an order issued under that
chapter.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(H) or Section 7.187(2)(B) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(H).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.179. FALSE REPRESENTATIONS UNDER CLEAN AIR
ACT. (a) A person commits an offense if the person intentionally
or knowingly makes or causes to be made a false material statement,
representation, or certification in, or omits material information
from, or knowingly alters, conceals, or does not file or maintain a
notice, application, record, report, plan, or other document
required to be filed or maintained by Chapter 382, Health and Safety
Code, or by a rule adopted or a permit or order issued under that
chapter.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.180. FAILURE TO NOTIFY UNDER CLEAN AIR ACT. (a) A
person commits an offense if the person intentionally or knowingly
does not notify or report to the commission as required by Chapter
382, Health and Safety Code, or by a rule adopted or a permit or
order issued under that chapter.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.181. IMPROPER USE OF MONITORING DEVICE. (a) A
person commits an offense if the person intentionally or knowingly
tampers with, modifies, disables, or fails to use a required
monitoring device; tampers with, modifies, or disables a
monitoring device; or falsifies, fabricates, or omits data from a
monitoring device, unless the act is done in strict compliance with
Chapter 382, Health and Safety Code, or a permit, variance, or order
issued or a rule adopted by the commission.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.182. RECKLESS EMISSION OF AIR CONTAMINANT AND
ENDANGERMENT. (a) A person commits an offense if the person
recklessly, with respect to the person's conduct, emits an air
contaminant that places another person in imminent danger of death
or serious bodily injury, unless the emission is made in strict
compliance with Chapter 382, Health and Safety Code, or a permit,
variance, or order issued or a rule adopted by the commission.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.183. INTENTIONAL OR KNOWING EMISSION OF AIR
CONTAMINANT AND KNOWING ENDANGERMENT. (a) A person commits an
offense if the person intentionally or knowingly, with respect to
the person's conduct, emits an air contaminant with the knowledge
that the person is placing another person in imminent danger of
death or serious bodily injury unless the emission is made in strict
compliance with Chapter 382, Health and Safety Code, or a permit,
variance, or order issued or a rule adopted by the commission.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(E) or Section 7.187(2)(F) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.184. VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE
WASTE. (a) A person commits an offense if the person:
(1) intentionally or knowingly violates a provision of
Chapter 401, Health and Safety Code, other than the offense
described by Subdivision (2); or
(2) intentionally or knowingly receives, processes,
concentrates, stores, transports, or disposes of low-level
radioactive waste without a license issued under Chapter 401,
Health and Safety Code.
(b) Except as provided by this subsection, an offense under
Subsection (a)(1) is a Class B misdemeanor. If it is shown on the
trial of the person that the person has previously been convicted of
an offense under Subsection (a)(1), the offense is a Class A
misdemeanor.
(c) Except as provided by this subsection, an offense under
Subsection (a)(2) is a Class A misdemeanor. If it is shown on the
trial of the person that the person has previously been convicted of
an offense under Subsection (a)(2), the offense is punishable under
Section 7.187(1)(D) or Section 7.187(2)(D) or both.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1367, § 38, eff. Sept. 1,
1999.
§ 7.185. KNOWING OR INTENTIONAL UNAUTHORIZED DISPOSAL OF
LEAD-ACID BATTERIES. (a) A person commits an offense if the
person knowingly or intentionally disposes of a lead-acid battery
other than as provided by Section 361.451, Health and Safety Code.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.186. SEPARATE OFFENSES. Each day a person engages
in conduct proscribed by this subchapter constitutes a separate
offense.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.187. PENALTIES. A person convicted of an offense
under this subchapter is punishable by:
(1) a fine, as imposed under the section creating the
offense, of:
(A) not more than $1,000;
(B) not less than $1,000 or more than $50,000;
(C) not less than $1,000 or more than $100,000;
(D) not less than $1,000 or more than $250,000;
(E) not less than $2,000 or more than $500,000;
(F) not less than $5,000 or more than $1,000,000;
(G) not less than $10,000 or more than
$1,500,000; or
(H) not more than twice the amount of the
required fee;
(2) confinement for a period, as imposed by the
section creating the offense, not to exceed:
(A) 30 days;
(B) 90 days;
(C) 180 days;
(D) one year;
(E) two years;
(F) five years;
(G) 10 years;
(H) 15 years;
(I) 20 years; or
(J) 30 years; or
(3) both fine and confinement, as imposed by the
section creating the offense.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.188. REPEAT OFFENSES. If it is shown at the trial of
the defendant that the defendant has previously been convicted of
the same offense under this subchapter, the maximum punishment is
doubled with respect to both the fine and confinement, unless the
section creating the offense specifies otherwise.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.189. VENUE. Venue for prosecution of an alleged
violation under this subchapter is in:
(1) the county in which the violation is alleged to
have occurred;
(2) the county where the defendant resides;
(3) if the alleged violation involves the
transportation of a discharge, waste, or pollutant, any county to
which or through which the discharge, waste, or pollutant was
transported; or
(4) Travis County.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.190. DISPOSITION OF FINES. A fine recovered through
a prosecution brought under this subchapter shall be divided
equally between the state and any local government significantly
involved in prosecuting the case, except that if the court
determines that the state or the local government bore
significantly more of the burden of prosecuting the case, the court
may apportion up to 75 percent of the fine to the government that
predominantly prosecuted the case.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.191. NOTICE OF CONVICTION. In addition to a
sentence that may be imposed under this subchapter, a person other
than an individual that has been adjudged guilty of an offense may
be ordered by the court to give notice of the conviction to any
person the court considers appropriate.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.192. JUDGMENT OF CONVICTION. On conviction under
this subchapter, the clerk of the court in which the conviction is
returned shall send a copy of the judgment to the commission.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.193. PEACE OFFICERS. For purposes of this
subchapter, the authorized agents and employees of the Parks and
Wildlife Department are peace officers. Those agents and employees
are empowered to enforce this subchapter the same as any other peace
officer and for that purpose have the powers and duties of peace
officers assigned by Chapter 2, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.194. ALLEGATIONS. In alleging the name of a
defendant private corporation, it is sufficient to state in the
complaint, indictment, or information the corporate name or to
state any name or designation by which the corporation is known or
may be identified. It is not necessary to allege that the defendant
was lawfully incorporated.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.195. SUMMONS AND ARREST. (a) After a complaint is
filed or an indictment or information presented against a private
corporation under this subchapter, the court or clerk shall issue a
summons to the corporation. The summons shall be in the same form
as a capias except that:
(1) it shall summon the corporation to appear before
the court named at the place stated in the summons;
(2) it shall be accompanied by a certified copy of the
complaint, indictment, or information; and
(3) it shall provide that the corporation appear
before the court named at or before 10 a.m. of the Monday next after
the expiration of 20 days after it is served with summons, except
when service is made on the secretary of state, in which instance
the summons shall provide that the corporation appear before the
court named at or before 10 a.m. of the Monday next after the
expiration of 30 days after the secretary of state is served with
summons.
(b) No individual may be arrested upon a complaint,
indictment, or information against a private corporation.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.196. SERVICE OF SUMMONS. (a) A peace officer shall
serve a summons on a private corporation by personally delivering a
copy of it to the corporation's registered agent for service. If a
registered agent has not been designated or cannot with reasonable
diligence be found at the registered office, the peace officer
shall serve the summons by personally delivering a copy of it to the
president or a vice president of the corporation.
(b) If the peace officer certifies on the return that the
peace officer diligently but unsuccessfully attempted to effect
service under Subsection (a) or if the corporation is a foreign
corporation that has no certificate of authority, the peace officer
shall serve the summons on the secretary of state. On receipt of
the summons copy, the secretary of state shall immediately forward
it by certified or registered mail, return receipt requested,
addressed to the defendant corporation at its registered office or,
if it is a foreign corporation, at its principal office in the state
or country under whose law it was incorporated.
(c) The secretary of state shall keep a permanent record of
the date and time of receipt and the disposition of each summons
served under Subsection (b) together with the return receipt.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.197. ARRAIGNMENT AND PLEADINGS. In any criminal
action instituted against a private corporation under this
subchapter:
(1) appearance is for the purpose of arraignment; and
(2) the corporation has 10 full days after the day the
arraignment takes place and before the day the trial begins to file
written pleadings.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.198. APPEARANCE. (a) A defendant private
corporation appears through counsel or its representative.
(b) If a private corporation does not appear in response to
summons or appears but does not plead, the corporation is
considered to be present in person for all purposes, and the court
shall enter a plea of not guilty on the corporation's behalf and may
proceed with trial, judgment, and sentencing.
(c) After appearing and entering a plea in response to
summons, if a private corporation is absent without good cause at
any time during later proceedings, the corporation is considered to
be present in person for all purposes, and the court may proceed
with trial, judgment, or sentencing.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.199. FINE TREATED AS JUDGMENT IN CIVIL ACTION. If a
person other than an individual is found guilty of a violation of
this subchapter and a fine is imposed, the fine shall be entered and
docketed by the clerk of the court as a judgment against the person,
and the fine shall be of the same force and effect and be enforced
against the person in the same manner as if the judgment were
recovered in a civil action.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.200. EFFECT ON CERTAIN OTHER LAWS. Conduct
punishable as an offense under this subchapter that is also
punishable under another law may be prosecuted under either law.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.201. DEFENSE EXCLUDED. It is not a defense to
prosecution under this subchapter that the person did not know of or
was not aware of a rule, order, or statute.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.202. PROOF OF KNOWLEDGE. In determining whether a
defendant who is an individual knew that the violation placed
another person in imminent danger of death or serious bodily injury
under Section 7.168, 7.169, 7.170, or 7.171, the defendant is
responsible only for the defendant's actual awareness or actual
belief possessed. Knowledge possessed by a person other than the
defendant may not be attributed to the defendant. To prove a
defendant's actual knowledge, however, circumstantial evidence may
be used, including evidence that the defendant took affirmative
steps to be shielded from relevant information.
Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. Sept. 1, 1997.
§ 7.203. CRIMINAL ENFORCEMENT REVIEW. (a) This
section is applicable to criminal prosecution of alleged
environmental violations of this code, of the Health and Safety
Code, or of any other statute, rule, order, permit, or other
decision of the commission that is within the commission's
jurisdiction committed by a defendant holding a permit issued by
the commission or a defendant employed by a person holding such a
permit and that is related to the activity for which the permit was
issued. This section does not apply to an alleged environmental
violation that clearly involves imminent danger of death or bodily
injury under an endangerment offense specified in Section 7.252.
Nothing in this section limits the power of a peace officer to
arrest a person for an alleged offense.
(b) Before a peace officer, as that term is defined in
Section 7.193 or Chapter 2, Code of Criminal Procedure, may refer
any alleged criminal environmental violation by a person holding a
permit issued by the commission or an employee of that person of
this code, of the Health and Safety Code, or of any other statute,
rule, order, permit, or other decision of the commission that is
within the commission's jurisdiction to a prosecuting attorney for
criminal prosecution, the peace officer shall notify the commission
in writing of the alleged criminal environmental violation and
include with the notification a report describing the facts and
circumstances of the alleged criminal environmental violation.
This section does not prohibit a peace officer from issuing a
citation or making an arrest.
(c) As soon as practicable and in no event later than the
45th day after receiving a notice and report under Subsection (b),
the commission shall evaluate the report and determine whether an
alleged environmental violation exists and whether administrative
or civil remedies would adequately and appropriately address the
alleged environmental violation. In making its evaluation and
determination, the commission shall consider the factors
prescribed in Section 7.053. If the commission does not make a
determination within the 45-day period required by this subsection:
(1) the appropriate prosecuting attorney may bring an
action for criminal prosecution; and
(2) notwithstanding Subsection (e), the commission or
the state is not entitled to receive any part of an amount recovered
through a prosecution brought by that prosecuting attorney.
(d) If the commission determines that an alleged
environmental violation exists and that administrative or civil
remedies are inadequate or inappropriate to address the violation,
the commission shall notify the peace officer in writing of the
reasons why administrative or civil remedies are inadequate or
inappropriate and recommending criminal prosecution, and the
prosecuting attorney may proceed with the criminal prosecution of
the alleged violation. In all other cases, the commission shall
issue written notification to the peace officer that the alleged
environmental violation is to be resolved through administrative or
civil means by the appropriate authorities and the reasons why
administrative or civil remedies are adequate or appropriate. A
prosecuting attorney may not prosecute an alleged violation if the
commis
