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.