CAUSE NO.
«CAUSENO»
THE STATE OF TEXAS
§
IN THE «COURTNO» DISTRICT COURT
VS.
§
OF HARRIS COUNTY, TEXAS
«DEFENDANT»
§
«MONTH» TERM, A. D., «YEAR»
Members of the Jury:
A person commits an offense if the person, acting knowingly
with respect to the person’s conduct, discharges or allows the
discharge of a waste or pollutant into or adjacent to water in
the state that causes or threatens to cause
water pollution
unless the waste or pollutant is discharged in strict compliance
with all required permits or with an order issued or a rule
adopted by the appropriate regulatory agency.
A
person
also
commits
an
offense
if
the
person,
acting
knowingly with respect to the person’s conduct, discharges or
allows the discharge of a waste or pollutant from a point source
in violation of Chapter 26, Texas Water Code, or of a rule,
permit, or order of the appropriate regulatory agency.
Pursuant to Texas Water Code Section 26.121(a)(1), except as
authorized by the Texas Natural Resource Conservation Commission,
no person may discharge industrial waste into or adjacent to any
water in the state.
Pursuant to Texas Water Code Section 26.121(d), except as
authorized by the Texas Natural Resource Conservation Commission,
no person may discharge any pollutant or industrial waste from
any point source into any water in the state.
"Person"
means
an
individual,
association,
partnership,
corporation, or an agent or employee thereof.
"Permit"
includes
a
license,
certificate
registration,
approval, or other form of authorization.
"To discharge" means to deposit, conduct, drain, emit, throw,
run, allow to seep, or otherwise release or dispose of, or to
allow, permit, or suffer any of these acts or omissions.
"Conduct"
means
an
act
or
omission
and
its
accompanying
mental state.
"Act"
means
a
bodily
movement,
whether
voluntary
or
involuntary, and includes speech.
"Omission" means failure to act.
"Water"
or
"water
in
percolating
or
otherwise,
reservoirs,
springs,
the
state"
lakes,
rivers,
means
bays,
streams,
groundwater,
ponds,
impounding
creeks,
estuaries,
wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the
territorial limits of the state, and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt,
navigable or nonnavigable, and including the beds and banks of
all watercourses and bodies of surface water that are wholly or
partially
inside
or
bordering
the
state
or
inside
the
jurisdiction of the state.
"Pollution" means the alteration of the physical, thermal,
chemical, or biological quality of, or the contamination of, any
of
the
water
in
the
state
that
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renders
the
water
harmful,
detrimental, or injurious to humans, animal life, vegetation, or
property, or to public health, safety, or welfare, or impairs the
usefulness or public enjoyment of the water for any lawful or
reasonable purpose.
"Point source" means any discernible, confined and discrete
conveyance,
channel,
including
tunnel,
but
not
conduit,
limited
well,
to
discrete
any
pipe,
fissure,
ditch,
container,
rolling stock, concentrated animal feeding operation, or vessel
or other floating craft, from which pollutants or wastes are or
may be discharged into or adjacent to any water in the state.
"Waste"
means
sewage,
industrial
waste,
municipal
waste,
recreational waste, agricultural waste, or other waste defined in
the Texas Water Code.
"Industrial waste" means waterborne liquid, gaseous or solid
substances
that
result
from
any
process
of
industry,
manufacturing, trade, or business.
"Pollutant"
residue,
means
sewage,
dredged
garbage,
munitions,
chemical
materials,
heat,
wastes,
wrecked
or
spoil,
sewage
solid
sludge,
biological
waste,
filter
materials,
discarded
incinerator
equipment,
backwash,
radioactive
rock,
sand,
cellar dirt, and industrial, municipal, and agricultural waste
discharged into any water in the state.
The term "pollutant"
does not include tail water or runoff water from irrigation or
rainwater
runoff
from
cultivated
or
uncultivated
rangeland,
pastureland, and farmland.
A person acts knowingly, or with knowledge, with respect to
the nature of his conduct or to circumstances surrounding his
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conduct when he is aware of the nature of his conduct or that the
circumstances exist.
It is not a defense to prosecution that the person did not
know
of
or
was
not
aware
of
the
statutes
under
which
the
defendant is charged.
Now, if you find from the evidence beyond a reasonable doubt
that
in
Harris
County,
Texas,
on
or
about
the
«DATE»,
the
defendant, «DEFENDANT1», did then and there unlawfully, knowingly
discharge or allow the discharge of a waste or pollutant, namely,
industrial
substance
waste
into
and/or
or
oil
adjacent
and/or
to
water
a
in
petroleum
the
hydrocarbon
State,
namely
a
drainage ditch near 4420 Mooney, that caused or threatened to
cause
water
pollution,
said
discharge
not
being
in
strict
compliance with all required permits or with an order issued or
rule adopted by the appropriate regulatory agency, namely, the
Texas Natural Resource Conservation Commission; or
If you find from the evidence beyond a reasonable doubt that
in Harris County, Texas, on or about the «DATE», the defendant,
«DEFENDANT1», did then and there unlawfully, knowingly discharge
or allow the discharge of a waste or pollutant, namely industrial
waste and/or oil and/or a petroleum hydrocarbon substance, into
or
adjacent
to
water
in
the
State,
namely
a
drainage
ditch
located near 13001 Symbol, that caused or threatened to cause
water pollution, said discharge not being in strict compliance
with all required permits or with an order issued or rule adopted
by the appropriate regulatory agency, namely the Texas Natural
Resource Conservation Commission; or
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If you find from the evidence beyond a reasonable doubt that
in Harris County, Texas, on or about the «DATE», the defendant,
«DEFENDANT1», did then and there unlawfully, knowingly discharge
or allow the discharge of a waste or pollutant, namely industrial
waste and/or oil and/or a petroleum hydrocarbon substance, from a
point source, namely a drum and/or a barrel and/or a tank and/or
a
storage
area,
in
violation
of
Water
Code
26.121(a)(1),
prohibiting the unauthorized discharge of industrial waste and/or
oil and/or used oil and/or a petroleum hydrocarbon substance into
or adjacent to any water in the state; or
If you find from the evidence beyond a reasonable doubt that
in Harris County, Texas, on or about the «DATE», the defendant,
«DEFENDANT1», did then and there unlawfully, knowingly discharge
or allow the discharge of a waste or pollutant, namely industrial
waste and/or oil and/or a petroleum hydrocarbon substance, from a
point source, namely a drum and/or a barrel and/or a tank and/or
a storage area, in violation of Water Code 26.121(d), prohibiting
the unauthorized discharge of industrial waste and/or oil and/or
used oil and/or a petroleum hydrocarbon substance into any water
in the state, then you will find the defendant guilty as charged
in the indictment.
Unless you so find from the evidence beyond a reasonable
doubt, or if you have a reasonable doubt thereof, you will acquit
the defendant and say by your verdict "Not Guilty."
5
Our law provides that a defendant may testify in his own
behalf if he elects to do so.
This, however, is a right accorded
a defendant, and in the event he elects not to testify, that fact
cannot be taken as a circumstance against him.
In this case, the defendant has elected not to testify and
you are instructed that you cannot and must not refer to or
allude to that fact throughout your deliberations or take it into
consideration
for
any
purpose
whatsoever
against him.
6
as
a
circumstance
A Grand Jury indictment is the means whereby a defendant is
brought to trial in a felony prosecution.
It is not evidence of
guilt
in
nor
can
it
be
considered
by
question of guilt of the defendant.
you
passing
upon
the
The burden of proof in all
criminal cases rests upon the State throughout the trial and
never shifts to the defendant.
All persons are presumed to be innocent and no person may be
convicted of an offense unless each element of the offense is
proved beyond a reasonable doubt.
The fact that he has been
arrested, confined, or indicted for, or otherwise charged with
the offense gives rise to no inference of guilt at his trial.
The law does not require a defendant to prove his innocence or
produce any evidence at all.
The presumption of innocence alone
is sufficient to acquit the defendant, unless the jurors are
satisfied beyond a reasonable doubt of the defendant's guilt
after careful and impartial consideration of all the evidence in
the case.
The
prosecution
has
the
burden
of
proving
the
defendant
guilty and it must do so by proving each and every element of the
offense charged beyond a reasonable doubt and if it fails to do
so, you must acquit the defendant.
It is not required that the prosecution prove guilt beyond
all possible doubt; it is required that the prosecution's proof
excludes all reasonable doubt concerning the defendant's guilt.
In
the
event
you
have
a
reasonable
doubt
as
to
the
defendant's guilt after considering all the evidence before you,
7
and these instructions, you will acquit him and say by your
verdict "Not Guilty."
You are the exclusive judges of the facts proved, of the
credibility of the witnesses and the weight to be given their
testimony,
but
the
law
you
shall
receive
in
these
written
instructions, and you must be governed thereby.
After you retire to the jury room, you should select one of
your members as your Foreman.
at
your
deliberations,
vote
It is his or her duty to preside
with
you,
and
when
you
have
unanimously agreed upon a verdict, to certify to your verdict by
using the appropriate form attached hereto and signing the same
as Foreman.
During
your
deliberations
in
this
case,
you
must
not
consider, discuss, nor relate any matters not in evidence before
you.
You should not consider nor mention any personal knowledge
or information you may have about any fact or person connected
with this case which is not shown by the evidence.
No one has any authority to communicate with you except the
officer who has you in charge.
After you have retired, you may
communicate with this Court in writing through this officer.
Any
communication relative to the cause must be written, prepared and
signed by the Foreman and shall be submitted to the court through
this officer.
in
charge,
or
Do not attempt to talk to the officer who has you
the
attorneys,
or
the
Court,
or
anyone
else
concerning any questions you may have.
Your sole duty at this time is to determine the guilt or
innocence of the defendant under the indictment in this cause and
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restrict your deliberations solely to the issue of guilt or
innocence of the defendant.
Following
the
arguments
of
counsel,
you
will
consider your verdict.
«JUDGE», Judge
«COURTNO1» District Court
Harris County, TEXAS
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retire
to
CAUSE NO.
«CAUSENO»
THE STATE OF TEXAS
§
IN THE «COURTNO» DISTRICT COURT
VS.
§
OF HARRIS COUNTY, TEXAS
«DEFENDANT»
§
«MONTH» TERM, A. D., «YEAR»
V E R D I C T
"We, the Jury, find the defendant, «DEFENDANT1», not guilty."
_____________________________________
Foreman of the Jury
_____________________________________
(Please Print) Foreman
"We, the Jury, find the defendant, «DEFENDANT1», guilty of
«OFFENSE», as charged in the indictment."
_____________________________________
Foreman of the Jury
_____________________________________
(Please Print) Foreman
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