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.