| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil suits brought by local governments 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. Subchapter H, Chapter 7, Water Code, is amended |
|
|
by adding Sections 7.361 and 7.362 to read as follows: |
|
|
Sec. 7.361. SETTLEMENT AUTHORITY. The attorney general may |
|
|
settle in full satisfaction of the claims asserted a civil suit |
|
|
brought by a local government under this subchapter without the |
|
|
consent or approval of the local government: |
|
|
(1) for an amount that is consistent with the policies |
|
|
of the state; or |
|
|
(2) at the direction of the commission. |
|
|
Sec. 7.362. PROHIBITION ON CERTAIN CONTINGENT FEE |
|
|
CONTRACTS. A local government that is a public agency as defined by |
|
|
Section 30.003 may not enter into a contingent fee contract as |
|
|
defined by Section 2254.101, Government Code, for legal services |
|
|
associated with a civil suit brought under this subchapter. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a civil suit under Subchapter H, Chapter 7, Water Code, that is |
|
|
filed on or after the effective date of this Act. A civil suit filed |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the suit was filed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |