74R12307 MI-F
By Van de Putte H.B. No. 3096
Substitute the following for H.B. No. 3096:
By Corte C.S.H.B. No. 3096
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Edwards Underground Water
1-3 District; providing civil and administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.29(b), Chapter 626, Acts of the 73rd
1-6 Legislature, Regular Session, 1993, is amended to read as follows:
1-7 (b) The authority shall assess equitable aquifer management
1-8 fees based on aquifer use under the water management plan to
1-9 finance its administrative expenses and programs authorized under
1-10 this article. Each water district governed by Chapter 52, Water
1-11 Code, and each underground water district that is within the
1-12 authority's boundaries may contract with the authority to pay
1-13 expenses of the authority through taxes in lieu of user fees to be
1-14 paid by water users in the district. The contract must provide
1-15 that the district will pay an amount equal to the amount that the
1-16 water users in the district would have paid through user fees. The
1-17 authority may not collect a total amount of fees and taxes that is
1-18 more than is reasonably necessary for the administration of the
1-19 authority.
1-20 SECTION 2. (a) Section 1.41, Chapter 626, Acts of the 73rd
1-21 Legislature, Regular Session, 1993, is repealed.
1-22 (b) Chapter 99, Acts of the 56th Legislature, Regular
1-23 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
2-1 not repealed by operation of Section 1.41, Chapter 626, Acts of the
2-2 73rd Legislature, Regular Session, 1993, and remains in effect as
2-3 if that section had not been passed and signed into law.
2-4 SECTION 3. Sections 1.42(a), (b), and (c), Chapter 626, Acts
2-5 of the 73rd Legislature, Regular Session, 1993, is amended to read
2-6 as follows:
2-7 (a) An underground water conservation district or
2-8 underground water district other than the authority may manage and
2-9 control water that is a part of the aquifer after the effective
2-10 date of this article only as provided in this section. This
2-11 article does not affect a water reclamation or conservation
2-12 district that manages and controls only water from a resource other
2-13 than the aquifer.
2-14 (b) An underground water conservation district or
2-15 underground water district other than the authority may manage and
2-16 control water that is a part of the aquifer to the extent that
2-17 those management activities do not conflict with and are not
2-18 duplicative of this article or the rules and orders of the
2-19 authority.
2-20 (c) Except as otherwise provided by this article, the board
2-21 may delegate the powers and duties granted to it under this
2-22 article. The board shall delegate all or part of its powers or
2-23 duties to an underground water conservation district or underground
2-24 water district on the district's request if the district
2-25 demonstrates to the satisfaction of the board that:
3-1 (1) the district has statutory powers necessary for
3-2 full enforcement of the rules and orders to be delegated;
3-3 (2) the district has implemented all rules and
3-4 policies necessary to fully implement the programs to be delegated;
3-5 and
3-6 (3) the district has implemented a system designed to
3-7 provide the authority with adequate information with which to
3-8 monitor the adequacy of the district's performance in enforcing
3-9 board rules and orders.
3-10 SECTION 4. Section 3(a), Chapter 99, Acts of the 56th
3-11 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
3-12 Texas Civil Statutes), is amended to read as follows:
3-13 (a) The District shall have and is hereby authorized to
3-14 exercise the following powers, right and privileges and functions:
3-15 (1) to conserve, preserve, protect and increase the
3-16 recharge of and prevent the waste and pollution of the underground
3-17 water;
3-18 (2) to acquire lands and easements by purchase or by
3-19 exercise of the power of eminent domain for the erection of dams
3-20 and for the purpose of drilling and equipping in-put wells, and to
3-21 drill, equip and operate in-put wells, construct dams, and to
3-22 install pumps and other equipment necessary to recharge the
3-23 underground water-bearing formations; to acquire by contract or
3-24 purchase, waters and water rights deemed necessary or appropriate
3-25 by the Directors of the District for conserving and recharging
4-1 underground water-bearing formations; and to appropriate water for
4-2 such recharge under the provisions of Art. 7470, Revised Civil
4-3 Statutes, as amended; provided, however, the power of eminent
4-4 domain as herein provided for, shall be limited to the Counties of
4-5 Bexar, Comal, and Hays;
4-6 (3) to cause surveys to be made of the underground
4-7 water reservoirs or subdivisions thereof and of underground
4-8 water-bearing formations; to cause investigations to be made to
4-9 determine the movement of underground water and the quantity
4-10 thereof available for production and use and the improvements and
4-11 developments needed in recharging underground water reservoirs or
4-12 Subdivisions thereof and underground water-bearing strata;
4-13 (4) to develop comprehensive plans for the most
4-14 efficient use of underground water and for the prevention of waste
4-15 and pollution of underground water; to collect and preserve
4-16 information regarding the prevention of waste and pollution of
4-17 underground water and to publish such plans and information, and
4-18 otherwise bring them to the notice and attention of the users of
4-19 underground water within the District;
4-20 (5) to institute and defend suits and proceedings
4-21 before any court or any administrative body or agency, State or
4-22 Federal, in carrying out the purposes, powers and functions of the
4-23 District;
4-24 (6) to enter into contracts with and to participate in
4-25 joint efforts and projects with water districts, conservation
5-1 districts, cities and towns, counties and municipal and
5-2 governmental agencies of every kind, both State and Federal, and
5-3 with individuals and private corporations, for the purpose of
5-4 conserving, protecting, recharging, or benefiting underground
5-5 water-bearing formations within the District and waters therein,
5-6 and the Board of Directors of the District shall be empowered to
5-7 use, dedicate and pledge taxes and revenues of the District and to
5-8 use the proceeds from District bonds for said purposes whether the
5-9 District or some other municipal or governmental agency or
5-10 department is in charge of such work or development;
5-11 (7) to require that copies of water well drillers'
5-12 logs required to be kept and furnished to the Texas Natural
5-13 Resource Conservation Commission <Department of Water Resources or
5-14 its successor> by Chapter 32, Water Code <The Water Well Drillers
5-15 Act, as amended (Article 7621e, Vernon's Texas Civil Statutes)>, be
5-16 furnished to the District. The well log required herein shall at
5-17 the request in writing to the district, by certified mail, by the
5-18 owner or the person having such well drilled, be held as
5-19 confidential matter and not made of public record;
5-20 (8) to report to the Texas Natural Resource
5-21 Conservation Commission <Department of Water Resources> violations
5-22 of Chapter 32, Water Code <The Water Well Drillers Act, as amended
5-23 (Article 7621e, Vernon's Texas Civil Statutes)>, and rules and
5-24 regulations of the commission <department> pertaining to that
5-25 chapter <the Act>;
6-1 (9) to require the owner or lessee of land on which an
6-2 open or uncovered well is located to keep the well permanently
6-3 closed or capped with a covering capable of withstanding weight or
6-4 pressure of at least 400 pounds per square inch, except when the
6-5 well is in actual use. As used in this subsection, "open or
6-6 uncovered well" means an artificial excavation at least 10 feet
6-7 deep that is dug or drilled for the purpose of producing water from
6-8 the underground water reservoir and is not capped or covered as
6-9 required by this subsection. If the owner or lessee fails or
6-10 refuses to close or cap the well in compliance with this subsection
6-11 within 30 days after being directed to do so in writing by
6-12 certified mail by an officer, agent, or employee of the District,
6-13 any person, firm, or corporation employed by the District may go on
6-14 the land and close, plug, or cap the well. The reasonable costs
6-15 and expenses incurred by the District in closing, plugging, or
6-16 capping a well shall constitute a lien on the land on which the
6-17 well is located. The lien is perfected by filing in the County
6-18 Court of the county where the well is located a sworn petition
6-19 executed by the Chairman of the Board of Directors of the District,
6-20 stating the following:
6-21 (A) the existence of the well;
6-22 (B) the legal description of the property on
6-23 which the well is located;
6-24 (C) the approximate location of the well on the
6-25 property;
7-1 (D) the failure or refusal of the owner or
7-2 lessee, after notification, to close, plug, or cap the well as
7-3 required by this section within 30 days after notification;
7-4 (E) the closing, plugging, or capping of the
7-5 well by the District or its authorized agent, representative, or
7-6 employee; and
7-7 (F) the expense incurred by the District in
7-8 closing, plugging, or capping the well.
7-9 If after notice and hearing the County Court finds the facts
7-10 required by this section, he shall enter a judgment which shall
7-11 constitute a lien on the land when recorded in the deed records.
7-12 The judgment of the County Court is appealable as are other civil
7-13 cases in which the County Court has original jurisdiction;
7-14 (10) to develop, implement, and enforce one or more
7-15 drought management plans in order to minimize, as far as
7-16 practicable, the drawdown of the water table or the reduction of
7-17 artesian pressure and spring flow; to prevent waste; and to protect
7-18 the groundwater resource from serious harm. The District shall
7-19 develop one or more drought management plans in consultation with
7-20 representatives of cities, counties, river authorities, water
7-21 purveyors, and other interested parties within the District, and
7-22 the District shall implement and enforce a drought management plan
7-23 pursuant to rules of the Board of Directors adopted in accordance
7-24 with Subsection (b) of this section. A drought management plan
7-25 must be:
8-1 (A) consistent with water policies adopted and
8-2 approved by the Board of Directors and must provide for those
8-3 matters determined to be necessary and appropriate by the Board of
8-4 Directors, including:
8-5 (i) objective standards for determining
8-6 that drought conditions exist, continue, and cease and for
8-7 determining stages of drought;
8-8 (ii) description of specific drought
8-9 management activities for the stages of drought; and
8-10 (iii) requirements for reducing water use
8-11 in accordance with established priorities, which must include uses
8-12 for essential human needs, agricultural, industrial, power,
8-13 recreational, commercial, and other categories of use;
8-14 (B) developed and approved by September 1, 1988,
8-15 by a two-thirds vote of the Directors present at a meeting at which
8-16 a quorum is present;
8-17 (C) provided to the Texas Natural Resource
8-18 Conservation <Water> Commission and made available for additional
8-19 public review. The Board may not initiate enforcement of the
8-20 drought management plan until June 1, 1989, or the effective date
8-21 of rules adopted by the Board of Directors as provided by
8-22 Subsection (b) of this section, whichever date is later;
8-23 (D) developed and enforced by the Texas Natural
8-24 Resource Conservation <Water> Commission if a drought management
8-25 plan is not approved in accordance with Paragraph (B) of this
9-1 subdivision, and the enforcement provisions of Subsection (b) of
9-2 this section do not take effect;
9-3 (11) in a drought management plan, to set priorities
9-4 of water use, to prorate the available water supply among the uses
9-5 and users, to require compliance among all users, and to include
9-6 other measures as are necessary and advisable to conserve,
9-7 preserve, protect, recharge, and prevent waste and pollution of the
9-8 underground water;
9-9 (12) to plan through a drought management plan for the
9-10 uses of water throughout the District during periods in which there
9-11 is a drought or a shortage of precipitation of seasonal or longer
9-12 duration relative to the expectation of the users;
9-13 (13) to adopt a rule declaring that a drought exists
9-14 within the District when insufficient water is available to meet
9-15 the needs of the users or when conditions require temporary
9-16 reduction in total use within the area to protect water resources
9-17 from serious harm;
9-18 (14) to impose restrictions on users of the water
9-19 resources as may be necessary to protect the water resources of the
9-20 area from serious harm and to assure equitable distribution of
9-21 available water resources among all water users;
9-22 (15) to rescind a declaration of drought and to
9-23 rescind any restrictions adopted pursuant to that declaration;
9-24 (16) to require the registration of water wells within
9-25 the District in accordance with rules of the Board of Directors and
10-1 to require that records be kept and reports be made of the
10-2 drilling, equipping, and completing of water wells and of the
10-3 production and use of underground water; and
10-4 (17) to require permits for drilling, equipping, or
10-5 completing wells, or for all of these operations. The District
10-6 shall adopt a standard form for a permit application. The District
10-7 shall promptly consider and pass on each application for a permit.
10-8 If, on the 31st day after the date an application is submitted, an
10-9 application has not been passed on or set for a hearing on a
10-10 specific date, the applicant may petition the District Court of the
10-11 county in which the land is located for a writ of mandamus to
10-12 compel the District to act on the application or to set a date for
10-13 a hearing on the application. A hearing must be held not later
10-14 than the 20th day after the hearing date is set, and the District
10-15 must act on the application not later than the 10th day after the
10-16 hearing date.
10-17 SECTION 5. Sections 3(b) through (f), Chapter 99, Acts of
10-18 the 56th Legislature, Regular Session, 1959 (Article 8280-219,
10-19 Vernon's Texas Civil Statutes), are amended to read as follows:
10-20 (b) The Board of Directors may adopt and enforce reasonable
10-21 rules for the purposes of carrying out the powers described in
10-22 <Subdivisions (10) through (16) of> Subsection (a) of this section
10-23 <relating to the development, implementation, and enforcement of
10-24 one or more drought management plans and the registration of water
10-25 wells within the District>.
11-1 (c) If the District adopts rules under Subsection (b) of
11-2 this section <this subsection>, the District shall conduct a public
11-3 hearing within each county in the District to permit members of the
11-4 public to comment on the rules as they may be proposed from time to
11-5 time. Notice of each hearing, along with a brief resume of the
11-6 proposed rules, shall be published once each week for two
11-7 consecutive weeks in one or more newspapers with general
11-8 circulation in the District and the county. The first notice shall
11-9 be published not later than the 14th day before the date the
11-10 hearing is to be held. The hearing shall be conducted by one or
11-11 more officers of the Board of Directors. A rule takes effect not
11-12 earlier than the 14th day after the date of its adoption. The
11-13 District may enforce this section and its rules by injunction,
11-14 mandatory injunction, or other appropriate remedy in a court of
11-15 competent jurisdiction as authorized by Section 3(a)(5) of this
11-16 Act.
11-17 (d) <(c)> A person may appeal the reasonableness and
11-18 validity of a rule adopted by the District under this section as
11-19 provided by Subsection (e) <(d)> of this section after first
11-20 appealing to the Texas Natural Resource Conservation <Water>
11-21 Commission under rules adopted by the commission. If the
11-22 commission determines a rule is unreasonable or otherwise invalid,
11-23 it shall, at its discretion, either declare that the rule is null
11-24 and void and direct the Board of Directors of the District to adopt
11-25 a substitute rule or reform the rule so that it is reasonable and
12-1 valid.
12-2 (e) <(d)> A person affected by and dissatisfied with any
12-3 rule made by the District under this section may file suit against
12-4 the District or its Directors to challenge the validity of the
12-5 rule. The suit shall be filed in a court of competent jurisdiction
12-6 in Bexar County.
12-7 (f) <(e)> A person affected by and dissatisfied with any act
12-8 of the Texas Natural Resource Conservation <Water> Commission
12-9 pursuant to this section is entitled to file suit against the Texas
12-10 Natural Resource Conservation <Water> Commission to challenge the
12-11 validity of the act of the commission. The suit shall be filed in
12-12 a court of competent jurisdiction in Travis County. The term
12-13 "person" as used in this section shall have the meaning as stated
12-14 in Section 3A(a) of this Act.
12-15 (g) <(f) The Texas Water Commission shall begin registration
12-16 of wells located within the Edwards Underground Water District
12-17 pursuant to rules adopted by the Texas Water Commission in
12-18 accordance with Sections 11.201 through 11.207 and Section 28.011,
12-19 Water Code. The registrations shall be completed in a timely
12-20 manner and the information shall be provided to the Edwards
12-21 Underground Water District by March 1, 1988.> On the adoption of
12-22 rules for registration of wells by the Board of Directors in
12-23 accordance with Subsection (c) <(b)> of this section, the District
12-24 shall assume the responsibility for well registration in the
12-25 District.
13-1 SECTION 6. Chapter 99, Acts of the 56th Legislature, Regular
13-2 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
13-3 amended by adding Sections 3D and 3E to read as follows:
13-4 Sec. 3D. LOANS AND GRANTS. Under the authority granted by
13-5 Section 52-a, Article III, Texas Constitution, the District may
13-6 lend or grant money to any person for:
13-7 (1) water conservation or reuse equipment or
13-8 technology for water conservation or water reuse;
13-9 (2) water conservation, reuse, or development projects
13-10 to assist the growth of agriculture or economic development in the
13-11 region; or
13-12 (3) education in the region to promote innovation in
13-13 water conservation or water reuse practices.
13-14 Sec. 3E. ADMINISTRATIVE PENALTY. (a) If a person violates
13-15 this Act or a rule, order, license, permit, or certificate issued
13-16 under this Act, the person may be assessed an administrative
13-17 penalty by the District. The penalty may be in an amount not to
13-18 exceed $10,000 a day for a person who violates this Act or a rule,
13-19 order, license, permit, or certificate adopted under this Act.
13-20 Each day a violation continues may be considered a separate
13-21 violation for purposes of penalty assessment.
13-22 (b) In determining the amount of the penalty, the District
13-23 shall consider:
13-24 (1) the seriousness of the violation, including the
13-25 nature, circumstances, extent, duration, and gravity of the
14-1 prohibited acts with special emphasis on the hazard or potential
14-2 hazard created to the health or safety of the public;
14-3 (2) the impact of the violation on a receiving stream
14-4 or underground water reservoir, on the property owners along a
14-5 receiving stream or underground water reservoir, and on water users
14-6 of a receiving stream or underground water reservoir;
14-7 (3) the economic damage to property or the environment
14-8 caused by the violation;
14-9 (4) with respect to the alleged violator:
14-10 (A) the history and extent of previous
14-11 violations;
14-12 (B) the degree of culpability, including whether
14-13 the violation was attributable to mechanical or electrical failures
14-14 and whether the violation could have been reasonably anticipated
14-15 and avoided;
14-16 (C) the demonstrated good faith, including
14-17 actions taken by the alleged violator to rectify the cause of the
14-18 violation;
14-19 (D) any economic benefit gained through the
14-20 violation;
14-21 (E) the amount necessary to deter future
14-22 violations; and
14-23 (F) efforts to correct the violation; and
14-24 (5) any other matters that justice may require.
14-25 (c) If, after examination of an alleged violation and the
15-1 facts surrounding that alleged violation, the general manager of
15-2 the District concludes that a violation has occurred, the general
15-3 manager of the District may issue a preliminary report stating the
15-4 facts on which the general manager based that conclusion,
15-5 recommending that an administrative penalty under this section be
15-6 imposed on the person charged, and recommending the amount of that
15-7 proposed penalty. The general manager of the District shall base
15-8 the recommended amount of the proposed penalty on the factors set
15-9 out under Subsection (b) of this section and shall analyze each
15-10 factor for the benefit of the District.
15-11 (d) Not later than the 14th day after the date on which the
15-12 report is issued, the general manager of the District shall give
15-13 written notice of the report to the person charged with the
15-14 violation. The notice must include a brief summary of the charges,
15-15 a statement of the amount of the penalty recommended, and a
15-16 statement that the person charged has a right to a hearing on the
15-17 occurrence of the violation, the amount of the penalty, or both the
15-18 occurrence of the violation and the amount of the penalty.
15-19 (e) Not later than the 20th day after the date on which
15-20 notice is received, the person charged may:
15-21 (1) accept in writing the determination and
15-22 recommended penalty of the general manager of the District; or
15-23 (2) make a written request for a hearing.
15-24 (f) If the person charged accepts the determination and the
15-25 recommended penalty of the general manager of the District or does
16-1 not timely respond to the notice, the District by order of the
16-2 Board of Directors shall assess that penalty or order a hearing to
16-3 be held on the findings and recommendations in the report of the
16-4 general manager of the District. If the District assesses the
16-5 penalty recommended by the report, the District shall give written
16-6 notice to the person charged of its decision.
16-7 (g) If the person charged requests, or the Board of
16-8 Directors of the District orders, a hearing, the District shall
16-9 call a hearing and give notice of the hearing. The hearing shall
16-10 be held by an administrative law judge of the State Office of
16-11 Administrative Hearings. The administrative law judge shall make
16-12 findings of fact and conclusions of law and promptly issue to the
16-13 District a proposal for a decision about the occurrence of the
16-14 violation and the amount of the proposed penalty. Based on the
16-15 findings of fact, conclusions of law, and proposal for a decision,
16-16 the District by order of the Board of Directors may find that a
16-17 violation has occurred and may assess an administrative penalty,
16-18 may find that a violation has occurred but that no penalty should
16-19 be assessed, or may find that no violation has occurred. Any
16-20 proceeding under this subsection is subject to Chapter 2001,
16-21 Government Code. In making any penalty decision, the District
16-22 shall analyze each factor set out under Subsection (b) of this
16-23 section.
16-24 (h) The District must give notice of its decision to the
16-25 person charged. If the District finds that a violation has
17-1 occurred and assesses an administrative penalty, the District must
17-2 give written notice to the person charged of its findings, of the
17-3 amount of the penalty, and of the person's right to judicial review
17-4 of the District's order.
17-5 (i) Not later than the 30th day after the date the Board of
17-6 Directors' order becomes final as provided by Section 2001.144,
17-7 Government Code, the person shall:
17-8 (1) pay the amount of the penalty;
17-9 (2) pay the amount of the penalty and file a petition
17-10 for judicial review contesting the occurrence of the violation, the
17-11 amount of the penalty, or both the occurrence of the violation and
17-12 the amount of the penalty; or
17-13 (3) without paying the amount of the penalty, file a
17-14 petition for judicial review contesting the occurrence of the
17-15 violation, the amount of the penalty, or both the occurrence of the
17-16 violation and the amount of the penalty.
17-17 (j) Within the 30-day period, a person who acts under
17-18 Subsection (i)(3) of this section may:
17-19 (1) stay enforcement of the penalty by:
17-20 (A) paying the amount of the penalty to the
17-21 court for placement in an escrow account; or
17-22 (B) giving to the court a supersedeas bond that
17-23 is approved by the court for the amount of the penalty and that is
17-24 effective until all judicial review of the District's order is
17-25 final; or
18-1 (2) request the court to stay enforcement of the
18-2 penalty by:
18-3 (A) filing with the court a sworn affidavit of
18-4 the person stating that the person is financially unable to pay the
18-5 amount of the penalty and is financially unable to give the
18-6 supersedeas bond; and
18-7 (B) giving a copy of the affidavit to the
18-8 executive director by certified mail.
18-9 (k) On receiving a copy of an affidavit under Subsection
18-10 (j)(2) of this section, the general manager of the District may
18-11 file with the court, not later than the fifth day after the date
18-12 the copy is received, a contest to the affidavit. The court shall
18-13 hold a hearing on the facts alleged in the affidavit as soon as
18-14 practicable and shall stay the enforcement of the penalty on
18-15 finding that the alleged facts are true. The person who files an
18-16 affidavit has the burden of proving that the person is financially
18-17 unable to pay the amount of the penalty and to give a supersedeas
18-18 bond.
18-19 (l) If the person does not pay the amount of the penalty and
18-20 the enforcement of the penalty is not stayed, the general manager
18-21 of the District may refer the matter to the attorney general for
18-22 collection of the amount of the penalty.
18-23 (m) Judicial review of the order of the District:
18-24 (1) is instituted by filing a petition as provided by
18-25 Subchapter G, Chapter 2001, Government Code; and
19-1 (2) is under the substantial evidence rule.
19-2 (n) If the court sustains the occurrence of the violation,
19-3 the court may uphold or reduce the amount of the penalty and order
19-4 the person to pay the full or reduced amount of the penalty. If
19-5 the court does not sustain the occurrence of the violation, the
19-6 court shall order that no penalty is owed.
19-7 (o) When the judgment of the court becomes final, the court
19-8 shall proceed under this subsection. If the person paid the amount
19-9 of the penalty and if that amount is reduced or is not upheld by
19-10 the court, the court shall order that the appropriate amount plus
19-11 accrued interest be remitted to the person. The rate of the
19-12 interest is the rate charged on loans to depository institutions by
19-13 the New York Federal Reserve Bank, and the interest shall be paid
19-14 for the period beginning on the date the penalty was paid and
19-15 ending on the date the penalty is remitted. If the person gave a
19-16 supersedeas bond and if the amount of the penalty is not upheld by
19-17 the court, the court shall order the release of the bond. If the
19-18 person gave a supersedeas bond and if the amount of the penalty is
19-19 reduced, the court shall order the release of the bond after the
19-20 person pays the amount.
19-21 (p) All proceedings under this section are subject to
19-22 Chapter 2001, Government Code.
19-23 (q) A penalty collected under this section shall be
19-24 deposited with the District for its own funds.
19-25 (r) Notwithstanding any other provision to the contrary, the
20-1 District may compromise, modify, or remit, with or without
20-2 condition, an administrative penalty imposed under this section.
20-3 (s) Payment of an administrative penalty under this section
20-4 is full and complete satisfaction of the violation for which the
20-5 administrative penalty is assessed and precludes any other civil or
20-6 criminal penalty for the same violation.
20-7 (t) The fact that a person has a permit issued under this
20-8 Act does not relieve the person from any administrative liability.
20-9 SECTION 7. Chapter 99, Acts of the 56th Legislature, Regular
20-10 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
20-11 amended by adding Section 2A to read as follows:
20-12 Sec. 2A. APPLICATION OF SUNSET ACT. This Act is subject to
20-13 review under Chapter 325, Government Code (Texas Sunset Act). The
20-14 review shall be conducted during the period in which state agencies
20-15 abolished in 1997 will be reviewed.
20-16 SECTION 8. (a) Except as provided by Subsection (b), this
20-17 Act takes effect on September 1, 1995.
20-18 (b) Section 7 of this Act takes effect on September 1, 1995,
20-19 or the date on which Chapter 626, Acts of the 73rd Legislature,
20-20 Regular Session, 1993, takes effect, whichever is later. If
20-21 Chapter 626 takes effect after the period for review prescribed by
20-22 Section 2A, Chapter 99, Acts of the 56th Legislature, Regular
20-23 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), as
20-24 added by this Act, the period for review under Section 2A is the
20-25 first period for review under Chapter 325, Government Code (Texas
21-1 Sunset Act), that follows the date on which Chapter 626 takes
21-2 effect.
21-3 SECTION 9. The importance of this legislation and the
21-4 crowded condition of the calendars in both houses create an
21-5 emergency and an imperative public necessity that the
21-6 constitutional rule requiring bills to be read on three several
21-7 days in each house be suspended, and this rule is hereby suspended.