| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Neutral | Positive | Neutral |
SB 1509, if passed, would modify the Water Code (Subchapter
H, Chapter 7) by adding a new section which places a limitation on civil
penalties. Namely, a suit brought by the state (regarding the jurisdiction of the
Texas Commission on Environmental Quality) an individual may be assessed a
civil penalty between $50 and $25,000 for each day of the violation, provided
that the total amount assessed in not in excess of $4.3 million. The bill does
not limit the ability of the state to make assessments and requires that
factors described in Sections 7.053 and 7.361 be taken into account. The bill
also requires that a suit be made no later than the fifth anniversary of the
offense.
SB 1509 is a step in the right direction, placing limits on
civil penalties which may be issued by the state, requiring that certain
factors in code be taken under consideration, and placing a time limit in
place. The five year time limit could be shortened even further, but the bill
is still a substantive positive development. We support SB 1509.