half the state’s penalty share goes to a cleanup fund

The text as introduced · 466 words

89R2539 JRR-D

By: Morales Shaw
H.B. No. 1682

A BILL TO BE ENTITLED

AN ACT

relating to the disposition and use of the state's portion of civil

penalties recovered in suits brought by local governments for

violations of certain laws under the jurisdiction of, or rules

adopted or orders or permits issued by, the Texas Commission on

Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.107, Water Code, is amended to read as

follows:

Sec. 7.107. DIVISION OF CIVIL PENALTY ; DISPOSITION OF

STATE'S PORTION OF CIVIL PENALTY . (a) 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.

(b) One-half of the state's portion of a civil penalty under

Subsection (a) shall be deposited to the credit of the special

environmental remediation fund created under Section 7.1075.

SECTION 2. Subchapter D, Chapter 7, Water Code, is amended

by adding Section 7.1075 to read as follows:

Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT

PROGRAM. (a) The environmental remediation fund is created as a

special fund in the state treasury outside the general revenue

fund. The fund consists of money deposited to the credit of the

fund under Section 7.107. Money in the fund may be appropriated

only to the commission for purposes of the grant program

established under Subsection (b).

(b) From money appropriated from the special environmental

remediation fund for that purpose, the commission shall establish

and administer a grant program to provide financial assistance to

counties and municipalities for environmental remediation

projects.

(c) The commission shall adopt rules to implement the

program established under Subsection (b), including rules

establishing:

(1) eligibility criteria for grant applicants and

environmental remediation projects;

(2) grant application procedures;

(3) criteria for evaluating grant applications and

awarding grants;

(4) guidelines related to grant amounts; and

(5) procedures for monitoring the use of a grant

awarded under Subsection (b) and ensuring compliance with any

conditions of the grant.

SECTION 3. The change in law made by this Act applies only

to a violation that occurs on or after the effective date of this

Act. A violation that occurs before the effective date of this Act

is governed by the law in effect on the date the violation occurred,

and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.