By: Brown S.B. No. 1307
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the right of an authorized agent of the Texas Natural
1-2 Resource Conservation Commission to institute a suit for injunctive
1-3 relief or a civil penalty for a violation or threat of violation of
1-4 the law regarding on-site sewage disposal systems.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 7.351, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 7.351. CIVIL SUITS. (a) If it appears that a
1-9 violation or threat of violation of Chapter 16, 26, 28, or 34 of
1-10 this code or Chapter 361, 371, 372, or 382, Health and Safety Code,
1-11 or a provision of Chapter 401, Health and Safety Code, under the
1-12 commission's jurisdiction or a rule adopted or an order or a permit
1-13 issued under those chapters or provisions has occurred or is
1-14 occurring in the jurisdiction of a local government, the local
1-15 government or, in the case of a violation of Chapter 401, Health
1-16 and Safety Code, a person affected as defined in that chapter, may
1-17 institute a civil suit under Subchapter D in the same manner as the
1-18 commission in a district court by its own attorney for the
1-19 injunctive relief or civil penalty, or both, as authorized by this
1-20 chapter against the person who committed, is committing, or is
1-21 threatening to commit the violation.
1-22 (b) If it appears that a violation or threat of violation of
1-23 Chapter 366, Health and Safety Code, under the commission's
1-24 jurisdiction or a rule adopted or an order or a permit issued under
2-1 that chapter has occurred or is occurring in the jurisdiction of a
2-2 local government, an authorized agent as defined in that chapter
2-3 may institute a civil suit under Subchapter D in the same manner as
2-4 the commission in a district court by its own attorney for the
2-5 injunctive relief or civil penalty, or both, as authorized by this
2-6 chapter against the person who committed, is committing, or is
2-7 threatening to commit the violation.
2-8 SECTION 2. This Act takes effect September 1, 1999.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.