By Walker                                             H.B. No. 2690
         77R11356 QS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to enforcement measures available to groundwater
 1-3     conservation districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 36.066(g), Water Code, is amended to read
 1-6     as follows:
 1-7           (g)  If the district prevails in any suit other than a suit
 1-8     in which it voluntarily intervenes, it may, in the same action,
 1-9     recover reasonable attorney's fees [for attorneys], costs for
1-10     expert witnesses, and other costs incurred by the district before
1-11     the court.  The amount of the attorney's fees shall be fixed by the
1-12     court.
1-13           SECTION 2. Sections 36.102(b) and (d), Water Code, are
1-14     amended to read as follows:
1-15           (b)  The board by rule may set reasonable civil penalties for
1-16     breach of any rule of the district.  The penalties may [that shall]
1-17     not exceed  the jurisdiction of a justice court as provided by
1-18     Section 27.031, Government Code.  In addition to this penalty, the
1-19     district may recover a penalty not to exceed 115 percent of the
1-20     economic benefit gained from the violation.
1-21           (d)  If the district prevails in any suit to enforce its
1-22     rules, it may, in the same action, recover reasonable attorney's
1-23     fees [for attorneys], costs for expert witnesses, and other costs
1-24     incurred by the district before the court.  The amount of the
 2-1     attorney's fees shall be fixed by the court.
 2-2           SECTION 3.  This Act takes effect immediately if it receives
 2-3     a vote of two-thirds of all the members elected to each house, as
 2-4     provided by Section 39, Article III, Texas Constitution.  If this
 2-5     Act does not receive the vote necessary for immediate effect, this
 2-6     Act takes effect September 1, 2001.