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