Sec. 1101.158. EXCEPTION TO IMMUNITY: VIOLATIONS THAT CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND SAFETY LAWS. (a) The immunity established by this subchapter does not apply if a court or administrative law judge finds that the person claiming the immunity has, after May 23, 1995, repeatedly or continuously committed significant violations and not attempted to bring the facility or operation into compliance, so as to constitute a pattern of disregard of environmental or health and safety laws.
(b) For violations committed by a person to be considered a "pattern" under Subsection (a), the person must have committed a series of violations that were due to separate and distinct events occurring within a three-year period at the same facility or operation.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
Structure Texas Statutes
Title 13 - Environmental, Health, and Safety Audit Privilege Act
Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act
Subchapter D. Voluntary Disclosure; Immunity
Section 1101.151. Immunity for Violation Voluntarily Disclosed
Section 1101.152. Nature of Voluntary Disclosure
Section 1101.153. Burden of Proof With Respect to Voluntary Disclosure
Section 1101.154. Notice Requirement
Section 1101.155. Notice Requirement for Certain Audits Begun Before Acquisition Closing Date
Section 1101.156. Identification of Violation in Compliance History Report