HBA-KDB C.S.S.B. 687 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 687
By: Brown, J. E. "Buster"
Environmental Regulation
4/19/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

It is a general principle of criminal law that an offense committed with
intent and knowledge should be treated more seriously than an offense that
is not intentional.  Under current law, the confinement period for an
intentional discharge of a waste or pollutant is the same as that for an
unintentional discharge of a waste or pollutant.  C.S.S.B. 687 enhances the
confinement period penalty for the intentional or knowing discharge,
including discharge from a point source, of a waste or pollutant.  

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

C.S.S.B. 687 amends the Water Code to increase from one year to five years
the confinement period penalty for the offense of intentionally or
knowingly discharging, including discharging from a point source, a waste
or pollutant into or adjacent to water in the state.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 687 conforms the original to Texas Legislative Council style and
format.