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 [that shall] not to exceed
1-17 $10,000 per day per violation, and each day of a continuing
1-18 violation constitutes a separate violation [the jurisdiction of a
1-19 justice court as provided by Section 27.031, Government Code].
1-20 (d) If the district prevails in any suit to enforce its
1-21 rules, the district may seek and the court shall grant [it may], in
1-22 the same action, recovery [recover reasonable fees] for attorney's
1-23 fees [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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2690 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2690 on May 17, 2001, by the following vote: Yeas 142, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2690 was passed by the Senate, with
amendments, on May 15, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor