HB1682 - 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.

  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.