reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.154. Reckless Unauthorized Discharge and Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.155. Violation Relating to Discharge or Spill

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.156. Violation Relating to Underground Storage Tank

Sec. 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 underground storage tank regulated under Chapter 26 into which any regulated substance is delivered 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, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1441, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 880, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.1565. Presumption

Sec. 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, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.157. Violation Relating to Injection Wells

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.158. Violation Relating to Plugging Wells

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.159. Violation Relating to Water Wells or Drilled or Mined Shafts

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.160. Violation Relating to Certain Subsurface Excavations

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.161. Violation Relating to Solid Waste in Enclosed Containers or Vehicles

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.164. Violations Relating to Medical Waste: Large Generator

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.165. Violations Relating to Medical Waste: Small Generator

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.166. Violations Relating to Transportation of Medical Waste

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.167. False Statements Relating to Medical Waste

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.168. Intentional or Knowing Violation Relating to Medical Waste and Knowing Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.169. Intentional or Knowing Violation Relating to Medical Waste and Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.170. Intentional or Knowing Release of Medical Waste Into Environment and Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.171. Reckless Release of Medical Waste Into Environment and Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.172. Failure of Sewage System Installer to Register

Sec. 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, Sec. 2, eff. Sept. 1. 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.173. Violation Relating to Sewage Disposal

Sec. 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, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.1735. Violation Relating to Maintenance of Sewage Disposal System

Sec. 7.1735.  VIOLATION RELATING TO MAINTENANCE OF SEWAGE DISPOSAL SYSTEM.  (a)  A person commits an offense if the person knowingly violates an order or resolution adopted by an authorized agent under Section 366.0515, Health and Safety Code.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2005, 79th Leg., Ch. 1129 (H.B. 2510), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.174. Violation of Sewage Disposal System Permit Provision

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.175. Emergency Repair Not an Offense

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.177. Violations of Clean Air Act

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.178. Failure to Pay Fees Under Clean Air Act

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.179. False Representations Under Clean Air Act

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.180. Failure to Notify Under Clean Air Act

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.181. Improper Use of Monitoring Device

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.182. Reckless Emission of Air Contaminant and Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.183. Intentional or Knowing Emission of Air Contaminant and Knowing Endangerment

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.1831. Violation of Locally Enforced Motor Vehicle Idling Limitations

Sec. 7.1831.  VIOLATION OF LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS.  (a) A person commits an offense if the person violates a rule adopted by the commission concerning locally enforced motor vehicle idling limitations.
(b)  Notwithstanding any other law, an offense under this section is a Class C misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 294 (H.B. 1906), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.184. Violations Relating to Low-Level Radioactive Waste

Sec. 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, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1367, Sec. 38, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.185. Knowing or Intentional Unauthorized Disposal of Lead-Acid Batteries

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.1851. Violations Relating to Community Right-to-Know Laws

Sec. 7.1851.  VIOLATIONS RELATING TO COMMUNITY RIGHT-TO-KNOW LAWS.  (a)  A person who proximately causes an occupational disease or injury to an individual by knowingly disclosing false information or knowingly failing to disclose hazard information as required by Chapter 505 or 506, Health and Safety Code, commits an offense punishable by a fine of not more than $25,000.
(b)  This section does not affect any other right of a person to receive compensation under other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 35, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.186. Separate Offenses

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.187. Penalties

Sec. 7.187.  PENALTIES.  (a)  Except as provided by Subsection (b), 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.
(b)  Notwithstanding Section 7.177(a)(5), conviction for an offense under Section 382.018, Health and Safety Code, is punishable as:
(1)  a Class C misdemeanor if the violation is a first violation and does not involve the burning of heavy oils, asphaltic materials, potentially explosive materials, or chemical wastes;
(2)  a Class B misdemeanor if the violation is a second or subsequent violation and:
(A)  the violation does not involve the burning of:
(i)  substances described by Subdivision (1); or
(ii)  insulation on electrical wire or cable, treated lumber, plastics, non-wood construction or demolition materials, furniture, carpet, or items containing natural or synthetic rubber; or
(B)  the violation involves the burning of substances described by Paragraph (A)(ii) and none of the prior violations involved the burning of substances described by Subdivision (1) or Paragraph (A)(ii); or
(3)  a Class A misdemeanor if the violation:
(A)  involves the burning of substances described by Subdivision (1); or
(B)  is a second or subsequent violation and involves the burning of substances described by Subdivision (2)(A)(ii) and one or more of the prior violations involved the burning of substances described by Subdivision (1) or (2)(A)(ii).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1264 (H.B. 857), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 145 (H.B. 1619), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.188. Repeat Offenses

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.189. Venue

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.190. Disposition of Fines

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.191. Notice of Conviction

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.192. Judgment of Conviction

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.193. Peace Officers

Text of section effective until January 01, 2025
Sec. 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, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.181, eff. January 1, 2025.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.193. Peace Officers

Text of section effective on January 01, 2025
Sec. 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 2A, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.181, eff. January 1, 2025.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.194. Allegations

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.195. Summons and Arrest

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