fines for lying on solid waste permit applications

The text as introduced · 650 words

89R13788 DRS-F

By: Zaffirini
S.B. No. 2214

A BILL TO BE ENTITLED

AN ACT

relating to the permitting by the Texas Commission on Environmental

Quality of solid waste facilities; authorizing the imposition of

civil and administrative penalties.

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

SECTION 1. Subchapter C, Chapter 361, Health and Safety

Code, is amended by adding Sections 361.0642 and 361.0643 to read as

follows:

Sec. 361.0642. PENALTY FOR FALSE OR MISLEADING STATEMENT.

A person is subject to an administrative or civil penalty under

Chapter 7, Water Code, if the commission finds after notice and

hearing that the person knowingly made a materially false or

misleading statement in connection with an original or renewal

application, either in the formal application or in any other

written instrument relating to the application submitted to the

commission, its officers, or its employees.

Sec. 361.0643. INFLATION ADJUSTMENT OF AMOUNT OF PERMIT

APPLICATION FEE. (a) The commission shall annually:

(1) adjust for inflation the amount of an application

fee imposed on an applicant for a permit under this chapter; and

(2) publish the amount of a fee described by

Subdivision (1) as adjusted for inflation.

(b) In making adjustments under Subsection (a), the

commission shall use the Consumer Price Index for All Urban

Consumers (CPI-U) published by the United States Bureau of Labor

Statistics or its successor in function.

(c) Adjustments under Subsection (a) take effect on

September 1 of each year.

(d) The commission may adopt rules as necessary to

administer this section.

SECTION 2. Section 361.089, Health and Safety Code, is

amended by amending Subsection (e) and adding Subsection (e-1) to

read as follows:

(e) The commission may deny an original or renewal permit if

it is found, after notice and hearing, that:

(1) the applicant or permit holder has a compliance

history that is classified as unsatisfactory according to

commission standards under Sections 5.753 and 5.754, Water Code,

and rules adopted and procedures developed under those sections;

(2) [ the permit holder or applicant made a false or

misleading statement in connection with an original or renewal

application, either in the formal application or in any other

written instrument relating to the application submitted to the

commission, its officers, or its employees;

[ (3) ] the permit holder or applicant is indebted to

the state for fees, payment of penalties, or taxes imposed by this

title or by a rule of the commission; or

(3) [ (4) ] the permit holder or applicant is unable to

ensure that the management of the hazardous waste management

facility conforms or will conform to this title and the rules of the

commission.

(e-1) The commission shall deny an original or renewal

permit if it is found, after notice and hearing, that the permit

holder or applicant knowingly made a materially false or misleading

statement in connection with an original or renewal application,

either in the formal application or in any other written instrument

relating to the application submitted to the commission, its

officers, or its employees.

SECTION 3. Section 361.089(f), Health and Safety Code, is

repealed.

SECTION 4. Sections 361.0642 and 361.0643, Health and

Safety Code, as added by this Act, apply only to a permit

application submitted on or after the effective date of this Act.

SECTION 5. Section 361.089, Health and Safety Code, as

amended by this Act, applies only to the denial of an original or

renewal permit for which the permit holder or applicant submitted

an application on or after the effective date of this Act. The

denial of an original or renewal permit for which the permit holder

or applicant submitted an application before the effective date of

this Act is governed by the law as it existed immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 6. This Act takes effect September 1, 2025.