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.