By Dunnam H.B. No. 3562
77R7225 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a municipality to enforce laws
1-3 protecting water quality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 26, Water Code, is amended
1-6 by adding Section 26.181 to read as follows:
1-7 Sec. 26.181. AUTHORITY OF MUNICIPALITY WITH IMPAIRED
1-8 RESERVOIR. (a) This section applies only to a municipality the
1-9 drinking water source of which is a reservoir:
1-10 (1) that serves a population of more than 150,000
1-11 residing inside and outside of the municipality; and
1-12 (2) for which at least half of the water flowing into
1-13 it is from a source that is listed, on September 1, 2001, on the
1-14 list of impaired state waters adopted by the commission as required
1-15 by 33 U.S.C. Section 1313(d).
1-16 (b) A municipality may enforce the provisions of this
1-17 chapter:
1-18 (1) by bringing a civil suit:
1-19 (A) for injunctive relief under Section 7.032;
1-20 or
1-21 (B) for recovery of the civil penalties
1-22 authorized by Section 7.102; or
1-23 (2) by requiring a corrective action as if the
1-24 municipality were the commission acting under Section 7.031.
2-1 (c) A municipality that orders corrective action under
2-2 Subsection (b)(2) may enforce the order by a civil penalty under
2-3 Subsection (b)(1)(B). Sections 7.031(d)(1) and (e) do not apply to
2-4 a corrective action order under this section.
2-5 SECTION 2. The changes in law made by this Act apply to a
2-6 violation of Chapter 26, Water Code, that occurs on or after the
2-7 effective date of this Act and to a continuing violation that is
2-8 occurring on or after the effective date of this Act, regardless of
2-9 the date the continuing violation began occurring.
2-10 SECTION 3. This Act takes effect September 1, 2001.