1-1     By:  Brown                                            S.B. No. 1307
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 6, 1999, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the right of an authorized agent of the Texas Natural
 1-9     Resource Conservation Commission to institute a suit for injunctive
1-10     relief or a civil penalty for a violation or threat of violation of
1-11     the law regarding on-site sewage disposal systems.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 7.351, Water Code, is amended to read as
1-14     follows:
1-15           Sec. 7.351.  CIVIL SUITS.  (a)  If it appears that a
1-16     violation or threat of violation of Chapter 16, 26, 28, or 34 of
1-17     this code or Chapter 361, 371, 372, or 382, Health and Safety Code,
1-18     or a provision of Chapter 401, Health and Safety Code, under the
1-19     commission's jurisdiction or a rule adopted or an order or a permit
1-20     issued under those chapters or provisions has occurred or is
1-21     occurring in the jurisdiction of a local government, the local
1-22     government or, in the case of a violation of Chapter 401, Health
1-23     and Safety Code, a person affected as defined in that chapter, may
1-24     institute a civil suit under Subchapter D in the same manner as the
1-25     commission in a district court by its own attorney for the
1-26     injunctive relief or civil penalty, or both, as authorized by this
1-27     chapter against the person who committed, is committing, or is
1-28     threatening to commit the violation.
1-29           (b)  If it appears that a violation or threat of violation of
1-30     Chapter 366, Health and Safety Code, under the commission's
1-31     jurisdiction or a rule adopted or an order or a permit issued under
1-32     that chapter has occurred or is occurring in the jurisdiction of a
1-33     local government, an authorized agent as defined in that chapter
1-34     may institute a civil suit under Subchapter D in the same manner as
1-35     the commission in a district court by its own attorney for the
1-36     injunctive relief or civil penalty, or both, as authorized by this
1-37     chapter against the person who committed, is committing, or is
1-38     threatening to commit the violation.
1-39           SECTION 2.  This Act takes effect September 1, 1999.
1-40           SECTION 3.  The importance of this legislation and the
1-41     crowded condition of the calendars in both houses create an
1-42     emergency and an imperative public necessity that the
1-43     constitutional rule requiring bills to be read on three several
1-44     days in each house be suspended, and this rule is hereby suspended.
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