HBA-AMW H.B. 2338 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2338
By: Turner, Sylvester
Environmental Regulation
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Prior to 1991, Texas had a strict liability air statute that permitted
prosecutors to file a criminal environmental charge without having to
allege or prove any culpable mental state.  The state primarily filed
nuisance charges for various air discharges that adversely impacted Texans.
The 72nd Legislature required a culpable mental state of intentionally,
knowingly, or recklessly to exist in order for the violation to be
prosecuted as an environmental offense.  As a result, the state has only
been able to prosecute a limited amount of air violations.  House Bill 2338
removes the culpable mental state requirement for violations of certain
provisions under the Texas Clean Air Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2338 amends the Water Code to provide that a person commits an
offense if the person violates an order, permit, or exemption issued or a
rule adopted under the Texas Clean Air Act and provides that the offense
may be prosecuted without alleging or proving a culpable mental state.  The
bill provides that this offense is punishable by a fine ranging from $1,000
to $50,000, a 180-day confinement period, or both for an individual and a
fine ranging from $1,000 to $100,000 for a person other than an individual.

The bill increases the penalties from a $50,000 maximum fine and 180-day
confinement period to a $100,000 maximum fine and a one year confinement
period for certain violations regarding obtaining preconstruction permits,
federal operating permits, and publishing notice of intent to seek such
permits. The bill increases the maximum fine from $100,000 to $250,000 for
a person other than an individual who knowingly or intentionally violates
these permit and notification requirements. 

EFFECTIVE DATE

September 1, 2001.