77R11356 QS-D
By Walker H.B. No. 2690
Substitute the following for H.B. No. 2690:
By Walker C.S.H.B. No. 2690
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.