SRC-JLB S.B. 1379 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1379
78R7497 MI-DBy: Armbrister
Natural Resources
4/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, water customers routinely violate municipal water conservation
and drought restrictions.   The cost and effort involved in citation and
municipal court action discourages municipal enforcement.  Administrative
fines assessed on a customer's water bill would allow for effective and
efficient enforcement, yet still allow an appeal to court.  This type of
monetary penalty would encourage water conservation.  As proposed, S.B.
1379 authorizes municipalities to assess administrative fines on customer
water bills for violations of water conservation and drought restrictions
and provides for an appeal to municipal court. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 402F, Local Government Code, by adding Section
402.106, as follows: 
 
Sec. 402.106.  ENFORCEMENT OF WATER CONSERVATION AND DROUGHT ORDINANCES.
(a)  Authorizes a municipality with a population of more than 1,000 to
impose a fine for the violation of a water conservation or drought
ordinance by including the amount of the fine in the monthly water bill
issued by the municipality if a schedule of fines is clearly displayed on
the monthly bill. 
 
(b)  Authorizes a customer to appeal a fine imposed as provided by this
section to municipal court. 
 
SECTION 2.  Effective date:  September 1, 2003.