HBA-SEP H.B. 2690 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2690
By: Walker
Natural Resources
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the board of directors of a groundwater
conservation district was authorized to set reasonable civil penalties for
breach of district rules not to exceed the jurisdiction of a justice court,
which is not to exceed $5,000.  House Bill 2690 authorizes a district to
set reasonable civil penalties not to exceed $10,000 per day, per
violation, with each day of a continuing violation constitutes a separate
violation.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2690 amends the Water Code to specify that the board of
directors of a groundwater conservation district (district) is authorized,
by rule, to set reasonable civil penalties not to exceed $10,000 per day,
per violation, with each day of a continuing violation constituting a
separate violation.  The bill specifies that the court is required to
grant, to a district that prevails in a case and that so seeks, recovery
for costs incurred before the court. 

EFFECTIVE DATE

June 11, 2001.