By Walker                                             H.B. No. 2690
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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 36.102 (b) and (d), Water Code, are
 1-6     amended to read as follows:
 1-7           (a)  A district may enforce this chapter and its rules by
 1-8     injunction, mandatory injunction, or other appropriate remedy in a
 1-9     court of competent jurisdiction.
1-10           (b)  The board may, by rule, set reasonable civil penalties
1-11     for breach of any rule of the district that shall not exceed $5,000
1-12     per day, per violation, with each day of a continuing violation
1-13     representing a separate violation [the jurisdiction of a justice
1-14     court as provided by Section 27.031, Government Code].  In addition
1-15     to this penalty or any other penalty provided by law, the district
1-16     may seek and the court shall grant a penalty equal to 115% of the
1-17     economic benefit gained from the violation.
1-18           (c)  A penalty under this section is in addition to any other
1-19     penalty provided by the law of this state and may be enforced by
1-20     complaints filed in the appropriate court of jurisdiction in the
1-21     county in which the district's principal office of meeting place is
1-22     located.
 2-1           (d)  If the district prevails in any suit to enforce its
 2-2     rules, the district may seek and the court shall grant [it may], in
 2-3     the same action, recovery for attorney's fees [recover reasonable
 2-4     fees for attorneys], costs for expert witnesses, and other costs
 2-5     incurred by the district before the court.  The amount of the
 2-6     attorney's fees shall be fixed by the court.
 2-7           SECTION 2. Section 36.066(g), Water Code, is amended to read
 2-8     as follows:
 2-9           (g)  If the district prevails in any suit other than a suit
2-10     in which it voluntarily intervenes, the district may seek and the
2-11     court shall grant [it may], in the same action, recovery for
2-12     attorney's fees [recover reasonable fees for attorneys], costs for
2-13     expert witnesses, and other costs incurred by the district before
2-14     the court.  The amount of attorney's fees shall be fixed by the
2-15     court.
2-16           SECTION 3. This Act takes effect immediately if it receives a
2-17     vote of two-thirds of all the members elected to each house, as
2-18     provided by Section 39, Article III, Texas Constitution.  If this
2-19     Act does not receive the vote necessary for immediate effect, this
2-20     Act takes effect September 1, 2001.