Texas § HS.1101.157 - EXCEPTION TO IMMUNITY
Full text of Texas The Texas Constitution § HS.1101.157 — EXCEPTION TO IMMUNITY, with citation guidance and answers to common questions.
§ HS.1101.157. EXCEPTION TO IMMUNITY
EXCEPTION TO IMMUNITY: CERTAIN VIOLATIONS AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS. (a) The immunity established by this subchapter does not apply and an administrative or civil penalty may be imposed under applicable law if: (1) the person who made the disclosure intentionally or knowingly committed or was responsible within the meaning of Section 7.02 , Penal Code, for the commission of the disclosed violation; (2) the person who made the disclosure recklessly committed or was responsible within the meaning of Section 7.02 , Penal Code, for the commission of the disclosed violation and the violation resulted in substantial injury to one or more persons at the site or off-site harm to persons, property, or the environment; (3) the offense was committed intentionally or knowingly by a member of the person's management or an agent of the person and the person's policies or lack of prevention systems contributed materially to the occurrence of the violation; (4) the offense was committed recklessly by a member of the person's management or an agent of the person, the person's policies or lack of prevention systems contributed materially to the occurrence of the violation, and the violation resulted in substantial injury to one or more persons at the site or off-site harm to persons, property, or the environment; or (5) the violation has resulted in a substantial economic benefit that gives the violator a clear advantage over its business competitors. (b) A penalty that is imposed under Subsection (a) should, to the extent appropriate, be mitigated by factors such as: (1) the voluntariness of the disclosure; (2) efforts by the disclosing party to conduct environmental or health and safety audits; (3) remediation; (4) cooperation with government officials investigating the disclosed violation; (5) the period of ownership of the regulated facility or operation; or (6) other relevant considerations. Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 20.002(a), eff. September 1, 2017.
Frequently Asked Questions About Texas § HS.1101.157
What does The Texas Constitution § HS.1101.157 cover?
Section HS.1101.157 ("EXCEPTION TO IMMUNITY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.1101.157?
A common citation format is "The Texas Constitution § HS.1101.157" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.1101.157 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.