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.