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.