| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reporting and information availability requirements |
|
|
for persons impounding, diverting, or otherwise using state water; |
|
|
providing a penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 11.031(b) and (d), Water Code, are |
|
|
amended to read as follows: |
|
|
(b) A person who fails to file an annual report with the |
|
|
commission as required by Subsection (a) or fails to timely comply |
|
|
with a request by the commission to make information available |
|
|
under Subsection (d) [this section] is liable for [to] a penalty in |
|
|
an amount not to exceed $5,000 [of $25, plus $1] per day for each day |
|
|
the person fails to file the statement or comply with the request |
|
|
after the applicable deadline [he fails to file the statement after
|
|
|
March 1. However, the maximum penalty under this section is $150]. |
|
|
The state may sue to recover the penalty. |
|
|
(d) Each person who has a water right issued by the |
|
|
commission or who impounds, diverts, or otherwise uses state water |
|
|
shall maintain water use information required under Subsection (a) |
|
|
on a monthly basis during the months a water rights holder uses |
|
|
permitted water. The person shall make the information available |
|
|
to the commission on the commission's request. The executive |
|
|
director shall establish a reasonable deadline by which a person |
|
|
must make available information requested by the commission under |
|
|
this subsection. |
|
|
SECTION 2. Section 11.031, Water Code, as amended by this |
|
|
Act, applies only to a report due or a request for information made |
|
|
on or after the effective date of this Act. A report due or request |
|
|
made before that date is governed by the law in effect on the date |
|
|
the report is due or the request is made, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |