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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of rules by a groundwater conservation |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.102, Water Code, is amended to read as |
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follows: |
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Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may |
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enforce this chapter and its rules against any person by |
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injunction, mandatory injunction, or other appropriate remedy in a |
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court of competent jurisdiction. |
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(b) The board by rule may set reasonable civil penalties |
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against any person for breach of any rule of the district not to |
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exceed $10,000 per day per violation, and each day of a continuing |
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violation constitutes a separate violation. |
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(c) A penalty under this section is in addition to any other |
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penalty provided by the law of this state and may be enforced |
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against any person by complaints filed in the appropriate court of |
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jurisdiction in the county in which the district's principal office |
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or meeting place is located. |
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(d) If the district prevails in any suit to enforce its |
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rules, the district may seek and the court shall grant against any |
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person, in the same action, recovery for attorney's fees, costs for |
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expert witnesses, and other costs incurred by the district before |
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the court. The amount of the attorney's fees shall be fixed by the |
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court. |
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SECTION 2. The change in law made by this Act to Section |
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36.102, Water Code, does not affect an action, lawsuit, or appeal |
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filed before the effective date of this Act. Section 36.102, Water |
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Code, as amended by this Act, applies only to an action, lawsuit, or |
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appeal filed on or after the effective date of this Act. An action |
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filed before the effective date of this Act is covered by the law in |
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effect when the action was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. 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, 2009. |