By Bosse                                               H.B. No. 732
         76R2231 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to stormwater management and regulation by certain
 1-3     political subdivisions; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Subtitle C, Title 13, Local Government Code, is
 1-6     amended by adding Chapter 422 to read as follows:
 1-7        CHAPTER 422.  AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO
 1-8                       REGULATE STORMWATER MANAGEMENT 
 1-9           Sec. 422.001.  COUNTY OR DISTRICT SUBJECT TO CHAPTER.  This
1-10     chapter applies only to:
1-11                 (1)  a county with a population of 2.8 million or more;
1-12     or
1-13                 (2)  a district or authority created under Section 59,
1-14     Article XVI, Texas Constitution, that:
1-15                       (A)  has boundaries coterminous with a county
1-16     described by Subdivision (1); and
1-17                       (B)  is authorized to provide stormwater drainage
1-18     and flood control facilities.
1-19           Sec. 422.002.  GENERAL AUTHORITY.  A county, district, or
1-20     authority may take any necessary or proper action to comply with
1-21     the requirements of the stormwater permitting program under the
1-22     national pollutant discharge elimination system (Section 402,
1-23     Federal Water Pollution Control Act (33 U.S.C. Section 1342)),
1-24     including:
 2-1                 (1)  developing and implementing controls to reduce the
 2-2     discharge of pollutants from any conveyance or system of conveyance
 2-3     owned or operated by the county, district, or authority that is
 2-4     designed for collecting or conveying stormwater;
 2-5                 (2)  developing, implementing, and enforcing stormwater
 2-6     management guidelines, design criteria, or rules to reduce the
 2-7     discharge of pollutants into any conveyance or system of conveyance
 2-8     owned or operated by the county, district, or authority that is
 2-9     designed for collecting or conveying stormwater;
2-10                 (3)  assisting residents with the proper management of
2-11     used oil and toxic materials, including the holding of household
2-12     hazardous waste collection events; and
2-13                 (4)  developing and providing educational tools and
2-14     activities designed to reduce or lead to the reduction of the
2-15     discharge of pollutants into stormwater.
2-16           Sec. 422.003.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
2-17     violates a rule or order adopted by the county, district, or
2-18     authority under this chapter is liable to the county, district, or
2-19     authority for a civil penalty of not more than $1,000 for each
2-20     violation.  Each day a violation continues is considered a separate
2-21     violation for purposes of assessing the civil penalty.
2-22           (b)  A county, district, or authority may bring suit in a
2-23     district court to:
2-24                 (1)  restrain a violation or threatened violation of a
2-25     rule or order adopted by the county, district, or authority under
2-26     this chapter; or
2-27                 (2)  recover a civil penalty authorized by Subsection
 3-1     (a).
 3-2           SECTION 2.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended,
 3-7     and that this Act take effect and be in force from and after its
 3-8     passage, and it is so enacted.