reglab/housing_qa huggingface dataset:
TX Water Code § 7.034 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter B. Corrective Action and Injunctive Relief|Section 7.034. Deferral of Penalty for Certain Utility Facilities

Sec. 7.034.  DEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES.  (a)  In this section:(1)  "District" means any district or authority created under either Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, regardless of how created.  The term "district" shall not include any navigation district or port authority created under general or special law or any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that Chapter 49 applies to the district.(2)  "Municipally owned utility" and "water supply or sewer service corporation" have the meanings assigned by Section 13.002.(b)  The commission may allow a municipally owned utility, a water supply or sewer service corporation, or a district to defer the payment of all or part of an administrative penalty imposed under Subchapter C for a violation on the condition that the entity complies with all provisions for corrective action in a commission order to address the violation.(c)  In determining whether deferral of a penalty under this section is appropriate, the commission shall consider the factors to be considered under Section 7.053 and the following factors:(1)  the financial position of the entity and its ability to reasonably pay the costs of corrective action under the terms of a commission order;(2)  risks to public health and the environment of any delay in addressing the corrective actions as a result of limited financial resources;(3)  alternatives reasonably available to the entity for paying both the costs of corrective action and the penalty; and(4)  potential effects of the payment of the penalty on other essential public health and safety services for which the entity is responsible.(d)  At the discretion of the commission, any penalty deferred under this section becomes due and payable on a commission determination that the entity is not in compliance with a provision for corrective action in a commission order to address the violation.|Added by Acts 2007, 80th Leg., R.S., Ch. 1005 (H.B. 147), Sec. 1, eff. September 1, 2007.|
TX Water Code § 7.035 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter B. Corrective Action and Injunctive Relief|Section 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities

Sec. 7.035.  INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN TREATMENT FACILITIES.  (a)  Except as provided by Subsection (b), if the commission determines that a treatment facility that handles waste and wastewater from humans or household operations is operating without a permit required by the commission, the commission shall:(1)  issue an order:(A)  enjoining further operation of the facility until the commission issues the required permit; and(B)  imposing an administrative penalty under this chapter; or(2)  institute a civil action under Subchapter D to:(A)  enjoin further operation of the facility until the commission issues the required permit; and(B)  impose a civil penalty.(b)  If the commission determines there is no feasible alternative treatment or disposal option for the wastewater being sent to the treatment facility, including the option of hauling the wastewater to a permitted facility, the commission is not required to enjoin the operation of the facility under Subsection (a) and may impose other applicable penalties under this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 806 (H.B. 3264), Sec. 2, eff. June 17, 2015.|
TX Water Code § 7.051 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.051. Administrative Penalty

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.0525 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.0525. Penalties for Violations Related to Certain Dry Cleaning Facilities

Sec. 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)(3), Health and Safety Code, may not exceed $10,000.(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, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 18, eff. September 1, 2005.|
TX Water Code § 7.053 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.053. Factors to Be Considered in Determination of Penalty Amount

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.054 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.054. Report of Violation

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.055 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.055. Notice of Report

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.056 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.056. Consent

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.057 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.057. Default

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.058 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.058. Hearing

Sec. 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, Sec. 2, eff. Sept.1, 1997.|
TX Water Code § 7.059 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.059. Notice of Decision

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.060 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.060. Notice of Penalty

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.061 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.061. Payment of Penalty; Petition for Review

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.062 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.062. Stays

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.063 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.063. Consent to Affidavit

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.064 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.064. Judicial Review

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.065 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.065. Penalty Reduced or Not Assessed

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.066 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.066. Referral to Attorney General

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.068 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.068. Full and Complete Satisfaction

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.069 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.069. Disposition of Penalty

Sec. 7.069.  DISPOSITION OF PENALTY.  (a)  Except as provided by Subsection (b), a penalty collected under this subchapter shall be deposited to the credit of the general revenue fund.(b)  A penalty collected under Section 7.052(b-1) or (b-2) shall be paid to the commission and deposited to the credit of the waste management account.|Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 3, eff. September 1, 2007.|
TX Water Code § 7.070 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.070. Findings of Fact Not Required; Reservations

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.071 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.071. Inadmissibility

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.072 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.072. Recovery of Penalty

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.073 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.073. Corrective Action

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.074 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.074. Hearing Powers

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.075 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter C. Administrative Penalties|Section 7.075. Public Comment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|
TX Water Code § 7.101 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle A - Executive Agencies|Chapter 7 - Enforcement|Subchapter D. Civil Penalties|Section 7.101. Violation

Sec. 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, Sec. 2, eff. Sept. 1, 1997.|