| Issue Date: | |
|---|---|
| Revised Date: | 2021-06-15 |
Legal Cites
- Water Code sec. 11.0842, sec. 13.414, sec. 13.4151, sec. 13.505, ch. 26
Object Type
Cash — Natural Resources
Origin Date
1967 by S.B. 204, 60th Leg., R.S.
Description
Civil penalties for violations of Water Code rules or orders of TCEQ or any terms of filings, permits, certificates between $50 and $1,000 per act per day.
Chapter 11 (Water Rights) penalties up to $5,000 per day or $1,000 for sec. 16.236 violations.
Chapter 13 (Water Rates and Services) penalties assessed by the Public Utility Commission up to $5,000 per day against a holder of a certificate of public convenience and necessity who has failed to provide continuous and adequate service in the area covered by the certificate. Administrative penalties for facility owner violations of overcharging (13.505). A retail public utility violating requirements during an extreme weather emergency is subject to a civil penalty between $100 and $50,000 per violation (13.414).
Chapter 26 (Water Quality Control) penalties from $50 to $10,000 per act per day assessed by TCEQ.
Administrative penalties set by TCEQ up to $25,000 a day. For all other violations, amount up to $5,000 a day. Administrative penalties for unauthorized discharge of certain wastes within water quality protection area under sec. 26.556 is at least $100 for each violation.
Due Date
Upon conviction.
Collecting Agencies
- 473 – Public Utility Commission of Texas
- 582 – Texas Commission on Environmental Quality Collected by state district courts for Agency 582.
Deposit Funds
For suits where expenses occurred out of Parks and Wildlife funds, then awards deposited to the appropriate Parks and Wildlife operating funds/accounts. If suit instituted by local government, 50% to General Revenue Fund and 50% retained by local government.
Note
Chapter 13 penalty added by H.B. 1459, 70th Leg., R.S.
Agency name change from Texas Natural Resource Conservation Commission To Texas Commission on Environmental Quality per H.B. 2912, 77th Leg., R.S.
Amended by S.B. 1354, 79th Leg., R.S.
Amended by H.B. 2694, 82nd Leg., R.S.
Chapter 13 penalties collection changed to PUC by S.B. 567, 83rd Leg., R.S.
Overcharge administrative penalties added by S.B. 873, 85th Leg., R.S.
Ch 13 civil penalties related to weather emergencies added by S.B. 3, 87th Leg., R.S.
USAS Values
| Appropriation Year | 24 |
|---|---|
| USAS Title | WATER QUALITY ACT VIOLATIONS |
| Receipt Category | 08 – Natural Resources |
| Receipt Type | 25 – Violations, Fines and Penalties |
| Object Group | 30 – Revenues |
| USAS Status | A |
| Rev/Exp Category | 01 – LICENSES, FEES, FINES, AND PENALTIES |