reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter C. Administrative Penalties › Section 7.0675. Enforcement Diversion Program for Small Businesses and Local Governments

Sec. 7.0675.  ENFORCEMENT DIVERSION PROGRAM FOR SMALL BUSINESSES AND LOCAL GOVERNMENTS.  (a)  In this section, "small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:
(1)  is formed for the purpose of making a profit;
(2)  is independently owned and operated; and
(3)  has fewer than 100 employees.
(b)  The commission shall establish an enforcement diversion program for small businesses and local governments.  The program must include:
(1)  resources developed for the small business compliance assistance program under Section 5.135;
(2)  compliance assistance training; and
(3)  on-site technical assistance and training performed by commission staff.
(c)  Before the commission initiates an enforcement action for a violation committed by a small business or local government, the commission may enroll the business or government into the enforcement diversion program.
(d)  The commission may not enroll a small business or local government into the enforcement diversion program if an enforcement action against the business or government is required by federal law.
(e)  The commission may not initiate against a small business or local government an enforcement action for a violation that prompted enrollment in the enforcement diversion program after the business or government has successfully completed the program.
(f)  A small business or local government is not eligible to enroll in the enforcement diversion program if the business or government:
(1)  committed a violation that:
(A)  resulted in an imminent threat to public health; or
(B)  was a major violation, as classified under Section 5.754; or
(2)  was enrolled in the program in the two years preceding the date of the violation.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 15, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.102. Maximum Penalty

Sec. 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, Subchapter G, Chapter 382, 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, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.03, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 880, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.844, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 1.09, eff. June 8, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.1021. Maximum Civil Penalty: Violation of Community Right-to-Know Laws

Sec. 7.1021.  MAXIMUM CIVIL PENALTY:  VIOLATION OF COMMUNITY RIGHT-TO-KNOW LAWS.  (a)  A person who knowingly discloses false information or negligently fails to disclose a hazard as required by Chapter 505 or 506, Health and Safety Code, is subject to a civil penalty of not more than $5,000 for each violation.
(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. 34, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.103. Continuing Violations

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.104. No Penalty for Failure to Pay Certain Fees

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.105. Civil Suit

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.106. Resolution Through Administrative Order

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.107. Division of Civil Penalty

Sec. 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 divided as follows:
(1)  the first $4.3 million of the amount recovered shall be divided equally between:
(A)  the state; and
(B)  the local government that brought the suit; and
(2)  any amount recovered in excess of $4.3 million shall be awarded to the state.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 543 (H.B. 1794), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.108. Attorney's Fees

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.109. Parks and Wildlife Department Jurisdiction

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.110. Comments

Sec. 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, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter D. Civil Penalties › Section 7.111. Recovery of Security for Chapter 401, Health and Safety Code, Violation

Sec. 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, 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 7.141. Definitions

Sec. 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" has the meaning assigned by Section 361.003, Health and Safety 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, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 407 (H.B. 2244), Sec. 3, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.142. Violations Relating to Unlawful Use of State Water

Sec. 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, 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 7.143. Violation of Minimum State Standards or Model Political Subdivision Rules

Sec. 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, 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 7.145. Intentional or Knowing Unauthorized Discharge

Sec. 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, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 934, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 7 - Enforcement › Subchapter E. Criminal Offenses and Penalties › Section 7.147. Unauthorized Discharge

Sec. 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:
(1)  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; or
(2)  consists of used oil and the concentration of used oil in the waste stream resulting from the discharge as it enters water in the state is less than 15 parts per million following the discharge and the person is authorized to discharge storm water under a general permit issued under Section 26.040.
(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, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 366 (S.B. 1297), 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 7.148. Failure to Properly Use Pollution Control Measures

Sec. 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, 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 7.149. False Statement

Sec. 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, 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 7.150. Failure to Notify or Report

Sec. 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, 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 7.151. Failure to Pay Fee

Sec. 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, 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 7.152. Intentional or Knowing Unauthorized Discharge and Knowing Endangerment

Sec. 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, 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 7.153. Intentional or Knowing Unauthorized Discharge and Endangerment

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