SRC-MWN H.B. 2690 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2690
77R11356 QS-DBy: Walker (Staples)
Natural Resources
4/28/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the board of a water district is allowed to set reasonable civil
penalties for the breach of a rule established by the board.  H.B. 2690
authorizes the board to delineate which penalties the district may seek,
and sets limits to court awards. H.B. 2690 also provides for the district
to recover any attorney's fees and other costs associated with a suit to
enforce its rules. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to any district or authority
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution in SECTION 2 (Section 36.102, Water code) in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.066(g), Water Code, to provide that if the
district or authority created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution (district) prevails in any suit other than
a suit in which it voluntarily intervenes, it may, in the same action,
recover reasonable attorney's fees, costs for expert witnesses, and other
costs incurred by the district before the court. Makes a conforming change. 

SECTION 2. Amends Sections 36.102(b) and (d), Water Code, as follows:

(b) Authorizes a district board of directors by rule to set reasonable
civil penalties for breach of any rule of the district. Prohibits the
penalties from exceeding the jurisdiction of a justice court as provided by
Section 27.031 (Jurisdiction), Government Code. Authorizes the district to
recover a penalty not to exceed  a certain amount of the economic benefit
gained from the violation. 

 (d) Makes conforming changes.

SECTION 3. Effective date: upon passage or September 1, 2001.