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.