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.