By:  Brown                                            S.B. No. 1305
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to stormwater management and regulation by certain
 1-2     political subdivisions; providing a penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subtitle C, Title 13, Local Government Code, is
 1-5     amended by adding Chapter 422 to read as follows:
 1-6        CHAPTER 422.  AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO
 1-7                       REGULATE STORMWATER MANAGEMENT
 1-8           Sec. 422.001.  COUNTY OR DISTRICT SUBJECT TO CHAPTER.  This
 1-9     chapter applies only to:
1-10                 (1)  a county with a population of 2.8 million or more;
1-11     or
1-12                 (2)  a district or authority created under Section 59,
1-13     Article XVI, Texas Constitution, that:
1-14                       (A)  has boundaries coterminous with a county
1-15     described by Subdivision (1); and
1-16                       (B)  is authorized to provide stormwater drainage
1-17     and flood control facilities.
1-18           Sec. 422.002.  GENERAL AUTHORITY.  A county, district, or
1-19     authority may take any necessary or proper action to comply with
1-20     the requirements of the stormwater permitting program under the
1-21     national pollutant discharge elimination system (Section 402,
1-22     Federal Water Pollution Control Act (33 U.S.C. Section 1342)),
1-23     including:
1-24                 (1)  developing and implementing controls to reduce the
 2-1     discharge of pollutants from any conveyance or system of conveyance
 2-2     owned or operated by the county, district, or authority that is
 2-3     designed for collecting or conveying stormwater;
 2-4                 (2)  developing, implementing, and enforcing stormwater
 2-5     management guidelines, design criteria, or rules to reduce the
 2-6     discharge of pollutants into any conveyance or system of conveyance
 2-7     owned or operated by the county, district, or authority that is
 2-8     designed for collecting or conveying stormwater;
 2-9                 (3)  assisting residents with the proper management of
2-10     used oil and toxic materials, including the holding of household
2-11     hazardous waste collection events; and
2-12                 (4)  developing and providing educational tools and
2-13     activities designed to reduce or lead to the reduction of the
2-14     discharge of pollutants into stormwater.
2-15           Sec. 422.003.  CIVIL PENALTY; INJUNCTION.  (a)  A person who
2-16     violates a rule or order adopted by the county, district, or
2-17     authority under this chapter is liable to the county, district, or
2-18     authority for a civil penalty of not more than $1,000 for each
2-19     violation.  Each day a violation continues is considered a separate
2-20     violation for purposes of assessing the civil penalty.
2-21           (b)  A county, district, or authority may bring suit in a
2-22     district court to:
2-23                 (1)  restrain a violation or threatened violation of a
2-24     rule or order adopted by the county, district, or authority under
2-25     this chapter; or
2-26                 (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.