Tex.
Water Code Section 7.0675
Enforcement Diversion Program for Small Businesses and Local Governments
(a)
In this section, “small business” means a legal entity, including a corporation, partnership, or sole proprietorship, that:(1)
is formed for the purpose of making a profit;(2)
is independently owned and operated; and(3)
has fewer than 100 employees.(b)
The commission shall establish an enforcement diversion program for small businesses and local governments. The program must include:(1)
resources developed for the small business compliance assistance program under Section 5.135 (Small Business Compliance Assistance Program);(2)
compliance assistance training; and(3)
on-site technical assistance and training performed by commission staff.(c)
Before the commission initiates an enforcement action for a violation committed by a small business or local government, the commission may enroll the business or government into the enforcement diversion program.(d)
The commission may not enroll a small business or local government into the enforcement diversion program if an enforcement action against the business or government is required by federal law.(e)
The commission may not initiate against a small business or local government an enforcement action for a violation that prompted enrollment in the enforcement diversion program after the business or government has successfully completed the program.(f)
A small business or local government is not eligible to enroll in the enforcement diversion program if the business or government:(1)
committed a violation that:(A)
resulted in an imminent threat to public health; or(B)
was a major violation, as classified under Section 5.754 (Classification and Use of Compliance History); or(2)
was enrolled in the program in the two years preceding the date of the violation.
Source:
Section 7.0675 — Enforcement Diversion Program for Small Businesses and Local Governments, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.7.htm#7.0675 (accessed May 26, 2025).
