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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 the Harris-Galveston |
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Subsidence District and the Fort Bend Subsidence District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8801.204(a) and (c), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) If it appears that a person has violated or is violating |
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or threatening to violate this chapter or a rule, permit, or other |
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order of the district issued or adopted under this chapter, the |
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district may institute an action in a district court in the district |
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for: |
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(1) injunctive relief to restrain the person from |
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continuing the violation or threat of violation; |
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(2) the assessment and recovery of a civil penalty of: |
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(A) not less than $50 and not more than $5,000 for |
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each violation and for each day of a continuing violation, if the |
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person is not a political subdivision or an agency of a political |
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subdivision; or |
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(B) if the person is a political subdivision or |
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an agency of a political subdivision, an amount equal to the greater |
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of: |
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(i) 120 percent of the sum of the fees |
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assessed against the person and the amount the person would have |
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paid to an alternative water supplier; or |
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(ii) $5,000 for each violation and for each |
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day of a continuing violation; or |
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(3) both injunctive relief and civil penalties. |
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(c) At the request of the board, or the general manager if |
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authorized by the board, the attorney general shall institute and |
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conduct an action against any person in the name of the district for |
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injunctive relief or to recover a civil penalty, or both. |
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SECTION 2. Sections 43(a) and (b), Chapter 1045, Acts of the |
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71st Legislature, Regular Session, 1989, are amended to read as |
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follows: |
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(a) If a person has violated, is violating, or is |
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threatening to violate a provision of this Act or a rule, |
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regulation, permit, or other order of the district, the district |
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may bring a civil action in a district court within the district |
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for: |
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(1) an injunction to restrain the person from |
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continuing the violation or the threat of violation; |
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(2) the assessment and recovery of[, for] a civil |
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penalty of: |
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(A) not less than $50 nor more than $5,000 for |
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each violation and for each day of violation, if the person is not a |
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political subdivision or an agency of a political subdivision; or |
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(B) if the person is a political subdivision or |
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an agency of a political subdivision, an amount equal to the greater |
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of: |
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(i) 120 percent of the sum of the fees |
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assessed against the person and the amount the person would have |
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paid to an alternative water supplier; or |
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(ii) $5,000 for each violation and for each |
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day of a continuing violation; or |
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(3) [for] both injunctive relief and civil penalty. |
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(b) At the request of the board, or the general manager if |
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authorized by the board, the attorney general shall institute and |
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conduct an [the] action against any person in the name of the |
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district for injunctive relief or to recover a civil penalty, or |
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both. However, the district in its sole discretion may employ |
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attorneys of its choice to institute the action. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect at the time the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. 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. |