HBA-AMW H.B. 1898 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1898
By: Turner, Sylvester
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Current law considers the payment of an administrative penalty for an
environmental violation full and complete satisfaction of the violation and
expressly precludes any other civil or criminal penalty for the same
violation.  Under these provisions, a violator can pay a minor
administrative penalty for an environmental offense that may have severely
impacted citizens of this state and be protected from criminal prosecution
for the offense. House Bill 1898 specifies that payment of an
administrative penalty assessed by the Texas Natural Resource Conservation
Commission does not preclude a criminal penalty for the same violation. 

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 1898 amends the Water Code to specify that payment of an
administrative penalty assessed by the Texas Natural Resource Conservation
Commission for certain environmental offenses does not preclude a criminal
penalty for the same violation. 

EFFECTIVE DATE

September 1, 2001.