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By: Callegari, Creighton (Senate Sponsor - Duncan) |
H.B. No. 2063 |
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(In the Senate - Received from the House May 4, 2009; |
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May 5, 2009, read first time and referred to Committee on Natural |
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Resources; May 13, 2009, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 13, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2063 |
By: Duncan |
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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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(e) In an enforcement action by a district against any |
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person that is a governmental entity for a violation of district |
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rules, the limits on the amount of fees, costs, and penalties that a |
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district may impose under Section 36.122, 36.205, or this section, |
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or under a special law governing a district operating under this |
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chapter, constitute a limit of liability of the governmental entity |
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for the violation. This subsection shall not be construed to |
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prohibit the recovery by a district of fees and costs under |
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Subsection (d) in an action against any person that is a |
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governmental entity. |
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SECTION 2. Section 311.031(a), Government Code, applies to |
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the amendments by this Act to Section 36.102, Water Code. |
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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. |
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* * * * * |