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. 1-45 * * * * *