| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the suspension of operations of water districts that |
|
|
have failed to follow a court order or administrative directive by |
|
|
the Texas Commission on Environmental Quality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 12, Water Code, is amended |
|
|
by adding Section 12.0815 to read as follows: |
|
|
Sec. 12.0815. SUSPENSION OF OPERATIONS. (a) This section |
|
|
applies to a district created under Section 59, Article XVI, Texas |
|
|
Constitution. |
|
|
(b) The commission shall give written notice to a district |
|
|
that has failed to follow a court order or commission directive that |
|
|
the district must comply with the court order or commission |
|
|
directive. |
|
|
(c) Not later than the 30th day after the date the district |
|
|
receives the notice under Subsection (b), the commission may |
|
|
suspend operations of the district if the commission has not |
|
|
received a response to the notice from the district, or has received |
|
|
an inadequate response. |
|
|
(d) If the commission suspends operations of a district |
|
|
under this section, the commission shall request that the attorney |
|
|
general bring suit for the appointment of a receiver to collect the |
|
|
assets and carry on the business of the district. |
|
|
(e) The court shall appoint a receiver if an appointment is |
|
|
necessary: |
|
|
(1) to guarantee the collection of assessments, fees, |
|
|
penalties, or interest; |
|
|
(2) to guarantee the continuous and adequate service |
|
|
to the customers of the district; or |
|
|
(3) to prevent continued or repeated violation of the |
|
|
court order or commission directive. |
|
|
(f) The receiver shall execute a bond to assure the proper |
|
|
performance of the receiver's duties in an amount to be set by the |
|
|
court. |
|
|
(g) After appointment and execution of bond, the receiver |
|
|
shall take possession of the assets of the district specified by the |
|
|
court. Until discharged by the court, the receiver shall perform |
|
|
the duties that the court directs to preserve the assets and carry |
|
|
on the business of the district and shall strictly observe the court |
|
|
order involved. |
|
|
(h) On a showing of good cause by the district, the court may |
|
|
dissolve the receivership and order the assets and control of the |
|
|
business returned to the district. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |