Environmental Law

Texas Water Code, Section 7.147

By Walter James

Just an FYI out there for all of you practitioners . . .. 

Section 7.147 of the Texas Water Code provides the following:

(a)  A person commits an offense if the person discharges or allows the discharge of any waste or pollutant into any water in the state that causes or threatens to cause water pollution (except for two exceptions).

Texas Water Code § 7.47(a).  If convicted under this provision, an individual can face a fine of not less that $1,000.00 and not more than $50,000.00 per occurrence and/or up to one year in jail.  Texas Water Code § 7.47(c).  A corporation can face up to $100,000.00 per occurrence in fines.  Texas Water Code § 7.47(d).  That is felony punishment.  Okay, so far you are saying ?so what.?  Here is the kicker.  The Texas Water Code goes on to say that: ?An offense under this section may be prosecuted without alleging or proving any culpable mental state.?  Texas Water Code § 7.47(b) (emphasis added).  That is correct, folks, essentially a strict liability felony. 

Even the Feds have to prove some mental state before they get a felony conviction.    

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

Full post as published by Environmental Crimes Blog on April 12, 2010 (boomark / email).