78R6292 MI-D
By: Madden H.B. No. 2529
A BILL TO BE ENTITLED
AN ACT
relating to providing a grace period for enforcement actions
against a small water supply, sewer, wastewater treatment, or solid
waste disposal service being integrated into a regional service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Water Code, is amended
by adding Section 7.0026 to read as follows:
Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST
CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. If a water
supply, sewer, wastewater treatment, or solid waste disposal
service operated by or for a municipality or county is being
integrated into a regional water supply, sewer, wastewater
treatment, or solid waste disposal service, the commission may not
initiate an enforcement action against the service being integrated
unless:
(1) the commission has allowed the regional service 36
months from the date on which the regional service first assumed any
duty of or control over the integrating service to bring the
integrating service into compliance; and
(2) the regional service fails to bring the
integrating service into compliance within that time.
SECTION 2. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) Section 7.0026, Water Code, as added by this Act,
applies only to an offense that is committed or a violation that
occurs on or after the effective date of this Act. For purposes of
this section, an offense is committed and a violation occurs before
the effective date of this Act if any element of the offense or
violation occurs before that date. An offense committed or a
violation that occurs before the effective date is governed by the
law in effect when the offense was committed or the violation
occurred, and the former law is continued in effect for that
purpose.