| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to groundwater conservation districts regulation of |
|
|
groundwater use by political subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 36, Water Code, is amended |
|
|
by adding Section 36.003 to read as follows: |
|
|
Sec. 36.003. APPLICABILITY OF GROUNDWATER REGULATIONS. All |
|
|
persons, entities, and political subdivisions of the state are |
|
|
subject to groundwater regulation under this chapter, except as |
|
|
exempted under Section 36.117. |
|
|
SECTION 2. Subchapter D, Chapter 36, Water Code, Section |
|
|
36.102 is amended by adding Subsection (e) to read as follows: |
|
|
Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may |
|
|
enforce this chapter and its rules by injunction, mandatory |
|
|
injunction, or other appropriate remedy in a court of competent |
|
|
jurisdiction. |
|
|
(b) The board by rule may set reasonable civil penalties for |
|
|
breach of any rule of the district not to exceed $10,000 per day per |
|
|
violation, and each day of a continuing violation constitutes a |
|
|
separate violation. |
|
|
(c) A penalty under this section is in addition to any other |
|
|
penalty provided by the law of this state and may be enforced by |
|
|
complaints filed in the appropriate court of jurisdiction in the |
|
|
county in which the district's principal office or meeting place is |
|
|
located. |
|
|
(d) If the district prevails in any suit to enforce its |
|
|
rules, the district may seek and the court shall grant, in the same |
|
|
action, recovery for attorney's fees, costs for expert witnesses, |
|
|
and other costs incurred by the district before the court. The |
|
|
amount of the attorney's fees shall be fixed by the court. |
|
|
(e) Sovereign immunity to suit is waived for all political |
|
|
subdivisions of the state for the purpose of enforcement of this |
|
|
chapter and district rules. |
|
|
SECTION 3. The legislature finds that a political |
|
|
subdivision was subject to groundwater regulation under this |
|
|
chapter prior to the effective date of this Act. |
|
|
SECTION 4. 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, 2007. |