BILL ANALYSIS S.B. 623 By: Harris Economic Development 04-30-95 Committee Report (Unamended) BACKGROUND Currently, all municipalities with populations of less than 100,000 must obtain a permit from the Environmental Protection Agency for every stormwater discharge point in the city. The 103rd Congress adjourned without extending the 102nd Congress' moratorium on municipal stormwater mandates, thus triggering the municipal stormwater discharge permit requirement. PURPOSE As proposed, S.B. 623 subjects a violator of this subchapter to a civil penalty resulting from a civil suit brought by a political subdivision in a district court. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 16I, Water Code, by adding Sections 16.322 and 16.323, as follows: Sec. 16.322. CIVIL PENALTY. Subjects a person who violates this subchapter or a rule adopted or an order issued under this subchapter to a civil penalty of no more than $100 for each violation and for each day of violation. Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION. (a) Authorizes a political subdivision to institute a civil suit in a district court for injunctive relief, a civil penalty, or both, if it appears that a person has violated, is violating, or is threatening to violate this subchapter. (b) Requires the district court to grant injunctive relief that the facts warrant on application for injunctive relief and a finding that a person has violated, is violating, or is threatening to violate this subchapter. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.