81R10568 PMO-F
 
  By: Callegari H.B. No. 2063
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of rules by a groundwater conservation
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.102, Water Code, is amended to read as
  follows:
         Sec. 36.102.  ENFORCEMENT OF RULES. (a)  A district may
  enforce this chapter and its rules against any person by
  injunction, mandatory injunction, or other appropriate remedy in a
  court of competent jurisdiction.
         (b)  The board by rule may set reasonable civil penalties
  against any person 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
  against any person 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 against any
  person, 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.
         SECTION 2.  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, 2009.