Sec. 7.147. UNAUTHORIZED DISCHARGE. (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 unless the waste or pollutant:
(1) is discharged in strict compliance with all required permits or with a valid and currently effective order issued or rule adopted by the appropriate regulatory agency; or
(2) consists of used oil and the concentration of used oil in the waste stream resulting from the discharge as it enters water in the state is less than 15 parts per million following the discharge and the person is authorized to discharge storm water under a general permit issued under Section 26.040.
(b) An offense under this section may be prosecuted without alleging or proving any culpable mental state.
(c) An offense under this section is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(D) or both.
(d) An offense under this section is punishable for a person other than an individual under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 366 (S.B. 1297), Sec. 1, eff. September 1, 2005.
Notes of Decisions
Griffin Indus., Inc. v. State, 171 S.W.3d 414 (Tex. App. 2005).
· cites it 5× “147 of the Texas Water Code is void for vagueness, both on its face and as applied to appellant, because it fails to provide notice of what conduct is prohibited and leaves the determination of what constitutes an offense to the discretion of law enforcement agencies of the…”
Aguirre v. State, 22 S.W.3d 463 (Tex. Crim. App. 1999).
· cites it 2× “404 (a), Tex. Water Code Ann. § 7.147 (b). Second, a thorough reading of Honey-cutt reveals that it has little if any relevance to the issues present in this case.”
Ex Parte Tarlton, 105 S.W.3d 295 (Tex. App. 2003).
“Tex. WateR Code Ann. § 7.147 (a) (Vernon 2000).”
Ex Parte Weise, 23 S.W.3d 449 (Tex. App. 2000).
“Tex. WateR Code Ann. § 7.147 (a), (b) (Vernon 2000).”
— Tex. Water Code § 7.147(a) — 1 case
Griffin Indus., Inc. v. State, 171 S.W.3d 414 (Tex. App. 2005).
“147 of the Texas Water Code is void for vagueness, both on its face and as applied to appellant, because it fails to provide notice of what conduct is prohibited and leaves the determination of what constitutes an offense to the discretion of law enforcement agencies of the…”
— Tex. Water Code § 7.147(b) — 2 cases
Aguirre v. State, 22 S.W.3d 463 (Tex. Crim. App. 1999).
“404 (a), Tex. Water Code Ann. § 7.147 (b). Second, a thorough reading of Honey-cutt reveals that it has little if any relevance to the issues present in this case.”
Griffin Indus., Inc. v. State, 171 S.W.3d 414 (Tex. App. 2005).
“147 of the Texas Water Code is void for vagueness, both on its face and as applied to appellant, because it fails to provide notice of what conduct is prohibited and leaves the determination of what constitutes an offense to the discretion of law enforcement agencies of the…”
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