By: Duncan S.B. No. 1691

(In the Senate - Filed March 9, 2007; March 21, 2007, read first time and referred to Committee on Natural Resources; April 24, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 24, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1691 By: Duncan

A BILL TO BE ENTITLED

AN ACT

relating to a groundwater conservation district's regulation of groundwater use by any person, including a state agency or political subdivision.

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. Each person, including a state agency, a political subdivision, and any other legal entity, who produces groundwater inside the boundaries of a district is subject to groundwater regulation under this chapter, except as exempted under Section 36.117 or 36.121.

SECTION 2. Subsections (a) and (b), Section 36.102, Water Code, are amended to read as follows:

(a) A district may enforce this chapter and its rules by bringing an action for an injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction against any person, including a state agency, a political subdivision, and any other legal entity, subject to groundwater regulation under this chapter, except as exempted under Section 36.117 or 36.121.

(b) The board by rule may set reasonable civil penalties for breach of any rule of the district by any person, including a state agency, a political subdivision, and any other legal entity, subject to groundwater regulation under this chapter not to exceed $10,000 per day per violation, and each day of a continuing violation constitutes a separate violation.

SECTION 3. 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.

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