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A BILL TO BE ENTITLED
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AN ACT
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relating to civil suits brought by local governments or certain |
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other persons for violations of certain laws under the jurisdiction |
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of, or rules adopted or orders or permits issued by, the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.351, Water Code, is amended to read as |
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follows: |
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Sec. 7.351. CIVIL SUITS. (a) Subject to Section 7.3511, if |
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[If] it appears that a violation or threat of violation of Chapter |
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16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and |
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Safety Code, a provision of Chapter 401, Health and Safety Code, |
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under the commission's jurisdiction, or Chapter 1903, Occupations |
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Code, or a rule adopted or an order or a permit issued under those |
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chapters or provisions has occurred or is occurring in the |
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jurisdiction of a local government, the local government or, in the |
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case of a violation of Chapter 401, Health and Safety Code, a person |
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affected as defined in that chapter, may institute a civil suit |
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under Subchapter D in the same manner as the commission in a |
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district court by its own attorney for the injunctive relief or |
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civil penalty, or both, as authorized by this chapter against the |
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person who committed, is committing, or is threatening to commit |
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the violation. |
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(b) Subject to Section 7.3511, if [If] it appears that a |
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violation or threat of violation of Chapter 366, Health and Safety |
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Code, under the commission's jurisdiction or a rule adopted or an |
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order or a permit issued under that chapter has occurred or is |
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occurring in the jurisdiction of a local government, an authorized |
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agent as defined in that chapter may institute a civil suit under |
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Subchapter D in the same manner as the commission in a district |
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court by its own attorney for the injunctive relief or civil |
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penalty, or both, as authorized by this chapter against the person |
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who committed, is committing, or is threatening to commit the |
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violation. |
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SECTION 2. Subchapter H, Chapter 7, Water Code, is amended |
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by adding Section 7.3511 to read as follows: |
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Sec. 7.3511. PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE. |
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(a) In this section: |
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(1) "Authorized agent" has the meaning assigned by |
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Section 366.002, Health and Safety Code. |
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(2) "Person affected" has the meaning assigned by |
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Section 401.003, Health and Safety Code. |
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(b) This section applies only to a civil suit under this |
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subchapter that seeks a civil penalty for a violation of a statute, |
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rule, order, or permit described by Section 7.351. |
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(c) Before instituting any claim in a suit described by |
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Subsection (b), a local government, a person affected, or an |
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authorized agent shall provide to the attorney general and the |
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executive director of the commission written notice of each alleged |
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violation, the facts in support of the claim, and the specific |
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relief sought. |
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(d) A local government, a person affected, or an authorized |
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agent may institute a suit described by Subsection (b) on or after |
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the 90th day after the date the attorney general and the executive |
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director of the commission receive the notice required by |
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Subsection (c) unless before the 90th day after the date the notice |
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is received the commission has commenced a proceeding under |
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Subchapter C or the attorney general has commenced a civil suit |
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under Subchapter D concerning at least one of the alleged |
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violations set forth in the notice. |
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(e) If a local government, a person affected, or an |
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authorized agent discovers a violation that is within 120 days of |
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the expiration of the limitations period described in Section |
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7.360, the local government, person affected, or authorized agent |
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may institute a suit described by Subsection (b) on or after the |
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45th day after the date the attorney general and the executive |
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director of the commission receive the notice required by |
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Subsection (c) unless before the 45th day after the date the notice |
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is received the commission has commenced a proceeding under |
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Subchapter C or the attorney general has commenced a civil suit |
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under Subchapter D concerning at least one of the alleged |
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violations set forth in the notice. In the circumstances described |
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by this subsection, in addition to providing the notice required by |
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Subsection (c), the local government, person affected, or |
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authorized agent must: |
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(1) provide a copy of the notice by certified mail or |
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hand delivery to the chief of the division of the attorney general's |
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office responsible for handling environmental enforcement claims; |
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and |
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(2) include with the copy of the notice under |
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Subdivision (1) a statement providing that the copy of the notice is |
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being provided pursuant to this subsection. |
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SECTION 3. Section 7.357, Water Code, is repealed. |
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SECTION 4. 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 on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |
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* * * * * |