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


Senate Research CenterC.S.H.B. 2690
By: Walker (Staples)
Natural Resources
4/28/2001
Committee Report (Substituted)


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.  C.S.H.B. 2690
authorizes the board to delineate which penalties the district may seek,
and sets limits to court awards. C.S.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 not to exceed
$10,000 per day per violation, and provides that each day of a continuing
violation constitutes a separate violation.  

(d) Authorizes the district, if the district prevails in any suit to
enforce its rules, to seek and the court to grant, in the same action,
recovery for attorney's fees, costs for expert witnesses, and other costs
incurred by the district before the court.  

Deletes text regarding jurisdiction of a justice court. Deletes text
regarding recover reasonable fees. Deletes reference to attorneys. Makes a
conforming change. 

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

SUMMARY OF COMMITTEE CHANGES

SECTION 2. Amends As Filed H.B. 2690, Section 36.102, Water Code, by
amending proposed Subsection (b) and adding Subsection (d).