| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil suits brought by local governments or certain |
|
|
other persons for violations of certain laws under the jurisdiction |
|
|
of, or rules adopted or orders or permits issued by, the Texas |
|
|
Commission on Environmental Quality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 7.351, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 7.351. CIVIL SUITS. (a) Subject to Section 7.3511, if |
|
|
[If] it appears that a violation or threat of violation of Chapter |
|
|
16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and |
|
|
Safety Code, a provision of Chapter 401, Health and Safety Code, |
|
|
under the commission's jurisdiction, or Chapter 1903, Occupations |
|
|
Code, or a rule adopted or an order or a permit issued under those |
|
|
chapters or provisions has occurred or is occurring in the |
|
|
jurisdiction of a local government, the local government or, in the |
|
|
case of a violation of Chapter 401, Health and Safety Code, a person |
|
|
affected as defined in that chapter, may institute a civil suit |
|
|
under Subchapter D in the same manner as the commission in a |
|
|
district court by its own attorney for the injunctive relief or |
|
|
civil penalty, or both, as authorized by this chapter against the |
|
|
person who committed, is committing, or is threatening to commit |
|
|
the violation. |
|
|
(b) Subject to Section 7.3511, if [If] it appears that a |
|
|
violation or threat of violation of Chapter 366, Health and Safety |
|
|
Code, under the commission's jurisdiction or a rule adopted or an |
|
|
order or a permit issued under that chapter has occurred or is |
|
|
occurring in the jurisdiction of a local government, an authorized |
|
|
agent as defined in that chapter may institute a civil suit under |
|
|
Subchapter D in the same manner as the commission in a district |
|
|
court by its own attorney for the injunctive relief or civil |
|
|
penalty, or both, as authorized by this chapter against the person |
|
|
who committed, is committing, or is threatening to commit the |
|
|
violation. |
|
|
SECTION 2. Subchapter H, Chapter 7, Water Code, is amended |
|
|
by adding Section 7.3511 to read as follows: |
|
|
Sec. 7.3511. PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE. |
|
|
(a) In this section: |
|
|
(1) "Authorized agent" has the meaning assigned by |
|
|
Section 366.002, Health and Safety Code. |
|
|
(2) "Person affected" has the meaning assigned by |
|
|
Section 401.003, Health and Safety Code. |
|
|
(b) This section applies only to a civil suit under this |
|
|
subchapter that seeks a civil penalty for a violation of a statute, |
|
|
rule, order, or permit described by Section 7.351. |
|
|
(c) Before instituting any claim in a suit described by |
|
|
Subsection (b), a local government, a person affected, or an |
|
|
authorized agent shall provide to the attorney general and the |
|
|
executive director of the commission written notice of each alleged |
|
|
violation, the facts in support of the claim, and the specific |
|
|
relief sought. |
|
|
(d) A local government, a person affected, or an authorized |
|
|
agent may institute a suit described by Subsection (b) on or after |
|
|
the 90th day after the date the attorney general and the executive |
|
|
director of the commission receive the notice required by |
|
|
Subsection (c) unless before the 90th day after the date the notice |
|
|
is received: |
|
|
(1) the attorney general has commenced a civil suit |
|
|
under Subchapter D concerning at least one of the alleged |
|
|
violations set forth in the notice; or |
|
|
(2) the attorney general or the executive director of |
|
|
the commission denies, in writing, authorization to the local |
|
|
government, person affected, or authorized agent to pursue a suit |
|
|
described by Subsection (b) concerning the alleged violations. |
|
|
SECTION 3. Section 7.357, Water Code, is repealed. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a violation that occurs on or after the effective date of this Act. |
|
|
A violation that occurs before the effective date of this Act is |
|
|
governed by the law in effect on the date the violation occurred, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |