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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of water and sewer utility systems in |
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certain counties; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 412, Local Government |
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Code, is amended by adding Section 412.017 to read as follows: |
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Sec. 412.017. REGULATION OF WATER AND SEWER UTILITY IN |
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POPULOUS COUNTIES. (a) In this section, "federally funded water |
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or sewer utility system" means a water or sewer utility system that: |
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(1) was designed or installed using federal funds; and |
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(2) serves: |
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(A) an economically distressed area as defined by |
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Section 15.001, Water Code; or |
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(B) an area listed on: |
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(i) the state registry by the Texas |
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Commission on Environmental Quality under Subchapter F, Chapter |
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361, Health and Safety Code; or |
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(ii) the National Priorities List by the |
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federal Environmental Protection Agency under the federal |
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Comprehensive Environmental Response, Compensation and Liability |
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Act of 1980, 42 U.S.C. Sections 9601-9675, as amended by the |
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Superfund Amendments and Reauthorization Act of 1986. |
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(b) A county with a population of 3.3 million or more may by |
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order: |
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(1) prohibit a person from installing an on-site |
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sewage disposal system, as defined by Section 366.002, Health and |
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Safety Code, or installing a water well, if the lot or parcel of |
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land on which the on-site sewage disposal system or water well is to |
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be installed has access to service from a federally funded water or |
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sewer utility system; and |
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(2) prohibit a person from installing another water or |
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sewer utility system to serve a lot or parcel of land within the |
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area if the lot or parcel of land has access to service from a |
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federally funded water or sewer utility system. |
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(c) A county that adopts an order under Subsection (b) may |
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adopt the order only if the area that has access to service from a |
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federally funded water or sewer utility system: |
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(1) is not served by another legally operating water |
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or sewer utility system at the time the order is adopted; and |
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(2) was developed before September 1, 1987. |
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(d) A person who violates an order adopted under this |
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section is liable to the county for a civil penalty of not more than |
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$1,000 for each violation. Each day a violation continues is a |
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separate violation for purposes of assessing the civil penalty. |
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(e) A county may bring suit in a district court to restrain a |
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violation or threatened violation of an order adopted under this |
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section, recover a civil penalty, or both. The county is not |
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required to give bond as a condition to issuing injunctive relief. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |