By: Geren, Fallon (Senate Sponsor - Estes) H.B. No. 2533
         (In the Senate - Received from the House May 10, 2017;
  May 10, 2017, read first time and referred to Committee on Natural
  Resources & Economic Development; May 18, 2017, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 6, Nays 5; May 18, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2533 By:  Estes
 
 
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 the commission has commenced a proceeding under
  Subchapter C or the attorney general has commenced a civil suit
  under Subchapter D concerning at least one of the alleged
  violations set forth in the notice.
         (e)  If a local government, a person affected, or an
  authorized agent discovers a violation that is within 120 days of
  the expiration of the limitations period described in Section
  7.360, the local government, person affected, or authorized agent
  may institute a suit described by Subsection (b) on or after the
  45th day after the date the attorney general and the executive
  director of the commission receive the notice required by
  Subsection (c) unless before the 45th day after the date the notice
  is received the commission has commenced a proceeding under
  Subchapter C or the attorney general has commenced a civil suit
  under Subchapter D concerning at least one of the alleged
  violations set forth in the notice. In the circumstances described
  by this subsection, in addition to providing the notice required by
  Subsection (c), the local government, person affected, or
  authorized agent must:
               (1)  provide a copy of the notice by certified mail or
  hand delivery to the chief of the division of the attorney general's
  office responsible for handling environmental enforcement claims;
  and
               (2)  include with the copy of the notice under
  Subdivision (1) a statement providing that the copy of the notice is
  being provided pursuant to this subsection.
         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.
 
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