79R1570 SGA-D
By: Burnam H.B. No. 2934
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the attorney general to enforce
certain environmental matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Water Code, is amended
by adding Section 7.0027 to read as follows:
Sec. 7.0027. PETITION FOR ENFORCEMENT BY ATTORNEY GENERAL.
(a) An individual may petition the attorney general to initiate an
enforcement action on an environmental matter within the
commission's jurisdiction under Section 7.002.
(b) The petition must include detailed information
concerning an alleged past, ongoing, or threatened violation of a
statute, of a commission rule or order, or of a permit issued by the
commission. The petition must allege that the commission has
considered the violation and has failed or is failing to adequately
enforce the underlying statute, rule, order, or permit. To the
extent of the petitioner's knowledge, the petition must include:
(1) the name and address of any entity participating
in the alleged violation;
(2) each statute, rule, order, or permit provision
allegedly violated;
(3) the exact nature, date, and location of the
alleged violation;
(4) the date the commission considered the alleged
violation;
(5) the final decision of the commission concerning
the alleged violation;
(6) the petitioner's name, address, and phone number;
and
(7) the reason the petitioner considers the
commission's response to the alleged violation inadequate.
(c) Failure to complete an item under Subsection (b) does
not invalidate a petition.
(d) A petitioner must submit the petition to the attorney
general not later than the 90th day after the date on which the
commission made its final decision concerning the alleged
violation.
(e) Any applicable statute of limitations is tolled from the
date a petition is filed under this section until the date on which
the attorney general notifies the individual whether the petition's
allegations justify initiating an enforcement action. The attorney
general must notify the petitioner not later than the 90th day after
the date on which the attorney general receives the petition.
(f) If the attorney general finds during the investigation
of the petition's claim that there is justification for an
enforcement action, the attorney general shall file suit or
initiate criminal prosecution as appropriate in district court to
restrain or enjoin an ongoing or threatened violation, to recover
on behalf of the state a penalty or fine provided by statute, to
pursue both injunctive relief and a penalty or fine, and to enforce
any other provision of the applicable statute.
(g) Venue of a civil or criminal enforcement action under
this section is in:
(1) the county in which the violation is alleged to
have occurred, to be occurring, or to be about to occur;
(2) the county in which the defendant resides; or
(3) Travis County.
(h) The attorney general shall inform the commission of the
attorney general's intention to initiate an enforcement action
under this section not later than the 90th day before the date on
which the suit is filed or criminal prosecution is initiated.
(i) The attorney general may bring an action for criminal
prosecution under this section jointly with the appropriate
prosecuting attorney for an involved local government. A fine,
penalty, or settlement recovered under joint action under this
subsection whether recovered through any form of pretrial
resolution, plea agreement, or sentencing after trial, shall be
apportioned 70 percent to the state to cover the costs of the
action, including pretrial investigations, attorneys' fees, and
expert witness fees, and 30 percent to any involved local
government.
SECTION 2. 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, 2005.