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.