1-1 By: Walker (Senate Sponsor - Staples) H.B. No. 2690
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 4, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 4, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2690 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to enforcement measures available to groundwater
1-11 conservation districts.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 36.066(g), Water Code, is amended to read
1-14 as follows:
1-15 (g) If the district prevails in any suit other than a suit
1-16 in which it voluntarily intervenes, it may, in the same action,
1-17 recover reasonable attorney's fees [for attorneys], costs for
1-18 expert witnesses, and other costs incurred by the district before
1-19 the court. The amount of the attorney's fees shall be fixed by the
1-20 court.
1-21 SECTION 2. Subsections (b) and (d), Section 36.102, Water
1-22 Code, are amended to read as follows:
1-23 (b) The board by rule may set reasonable civil penalties for
1-24 breach of any rule of the district [that shall] not to exceed
1-25 $10,000 per day per violation, and each day of a continuing
1-26 violation constitutes a separate violation [the jurisdiction of a
1-27 justice court as provided by Section 27.031, Government Code].
1-28 (d) If the district prevails in any suit to enforce its
1-29 rules, the district may seek and the court shall grant [it may], in
1-30 the same action, recovery [recover reasonable fees] for attorney's
1-31 fees [attorneys], costs for expert witnesses, and other costs
1-32 incurred by the district before the court. The amount of the
1-33 attorney's fees shall be fixed by the court.
1-34 SECTION 3. This Act takes effect immediately if it receives
1-35 a vote of two-thirds of all the members elected to each house, as
1-36 provided by Section 39, Article III, Texas Constitution. If this
1-37 Act does not receive the vote necessary for immediate effect, this
1-38 Act takes effect September 1, 2001.
1-39 * * * * *