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. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1307 passed the Senate on April 15, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1307 passed the House on May 6, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor