81R16019 T

By: Callegari H.B. No. 4212

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of rules by a groundwater conservation district or subsidence district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsections (a), (c) and (e), Section 8801.204, Special Districts and Local Laws Code, are amended to read as follows:

(a) If it appears that a person has violated or is violating or threatening to violate this chapter or a rule, permit, or other order of the district issued or adopted under this chapter, the district may institute an action, against any person, in a district court in the district for:

(1) injunctive relief to restrain the person from continuing the violation or threat of violation;

(2) the assessment and recovery of a civil penalty of the greater of:

(i) not less than 120% of the amount that person would have paid in fees and purchases of alternative water supplies; or

(ii) not less than $50 and not more than $5,000 for each violation and for each day of a continuing violation; or

(3) both injunctive relief and civil penalties.

(c) At the request of the board, or the general manager if authorized by the board, the attorney general shall institute and conduct an action against any person in the name of the district for injunctive relief or to recover a civil penalty, or both.

(e) In a suit to recover a civil penalty or a suit for injunctive relief and a civil penalty against a political subdivision of the state or any agency thereof, if the court finds that political subdivision or agency [a person] has violated or is violating a provision of this chapter or a rule, permit, or order of the district, the court shall assess a civil penalty in the amount provided by subsection (a)(2)(i)[this section].

SECTION 2. Subsections (a), (b) and (e), Section 43, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, are amended to read as follows:

(a) If a person has violated, is violating, or is threatening to violate a provision of this Act or a rule, regulation, permit, or other order of the district, the district may bring a civil action, against any person, in a district court within the district for:

(1) an injunction to restrain the person from continuing the violation or the threat of violation;[,]

(2) [for] the assessment and recovery of a civil penalty the greater of:

(i) not less than 120% of the amount that person would have paid in fees and purchases of alternative water supplies; or

(ii) not less than $50 nor more than $5,000 for each violation and for each day of a continuing violation; [,] or

(3) [for] both injunctive relief and civil penalty.

(b) At the request of the board, or the general manager if authorized by the board, the attorney general shall institute and conduct an [the ]action against any person in the name of the district for injunctive relief or to recover a civil penalty, or both. However, the district in its sole discretion may employ attorneys of its choice to institute the action.

(e) In a suit to recover a civil penalty or a suit for injunctive relief and a civil penalty against a political subdivision of the state or any agency thereof, if the court finds that political subdivision or agency [a person] has violated or is violating a provision of this chapter or a rule, permit, or order of the district, the court shall assess a civil penalty in the amount provided by subsection (a)(2)(i)[this section].

SECTION 3. 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.