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.