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                                  * * * * *