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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a civil penalty for a violation of the |
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Antiquities Code of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 442.011, Government Code, is amended to |
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read as follows: |
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Sec. 442.011. PENALTY. A person who violates this chapter |
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or Chapter 191, Natural Resources Code, is subject to a civil |
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penalty of not less than $50 nor more than $1,000 for each day of |
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violation. |
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SECTION 2. Sections 442.012(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The attorney general or any resident of this state may |
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file suit in district court to restrain and enjoin a violation or |
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threatened violation of this chapter or Chapter 191, Natural |
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Resources Code, to recover on behalf of the state a civil penalty |
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provided by this chapter, including a civil penalty provided for a |
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violation of Chapter 191, Natural Resources Code, or for both |
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injunctive relief and a civil penalty. |
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(c) If the attorney general substantially prevails in an |
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action to recover a civil penalty under this section, the court |
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shall award the attorney general reasonable expenses incurred in |
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recovering the penalty, including court costs, reasonable |
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attorney's fees, expert witness fees, and deposition expenses [In
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issuing a final order in the action, the court may award costs of
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litigation, including reasonable attorney's and expert witness's
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fees]. |
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SECTION 3. This Act takes effect September 1, 2007. |