By Brown S.B. No. 1307
76R7230 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of an authorized agent of the Texas Natural
1-3 Resource Conservation Commission to institute a suit for injunctive
1-4 relief or a civil penalty for a violation or threat of violation of
1-5 the law regarding on-site sewage disposal systems.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 7.351, Water Code, is amended to read as
1-8 follows:
1-9 Sec. 7.351. CIVIL SUITS. (a) If it appears that a
1-10 violation or threat of violation of Chapter 16, 26, 28, or 34 of
1-11 this code or Chapter 361, 371, 372, or 382, Health and Safety Code,
1-12 or a provision of Chapter 401, Health and Safety Code, under the
1-13 commission's jurisdiction or a rule adopted or an order or a permit
1-14 issued under those chapters or provisions has occurred or is
1-15 occurring in the jurisdiction of a local government, the local
1-16 government or, in the case of a violation of Chapter 401, Health
1-17 and Safety Code, a person affected as defined in that chapter, may
1-18 institute a civil suit under Subchapter D in the same manner as the
1-19 commission in a district court by its own attorney for the
1-20 injunctive relief or civil penalty, or both, as authorized by this
1-21 chapter against the person who committed, is committing, or is
1-22 threatening to commit the violation.
1-23 (b) If it appears that a violation or threat of violation of
1-24 Chapter 366, Health and Safety Code, under the commission's
2-1 jurisdiction or a rule adopted or an order or a permit issued under
2-2 that chapter has occurred or is occurring in the jurisdiction of a
2-3 local government, an authorized agent as defined in that chapter
2-4 may institute a civil suit under Subchapter D in the same manner as
2-5 the commission in a district court by its own attorney for the
2-6 injunctive relief or civil penalty, or both, as authorized by this
2-7 chapter against the person who committed, is committing, or is
2-8 threatening to commit the violation.
2-9 SECTION 2. This Act takes effect September 1, 1999.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.