88R10952 JRR-D
 
  By: Flores H.B. No. 4388
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain procedures for 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 7.3511(d), Water Code, is amended to
  read as follows:
         (d)  A local government, a person affected, or an authorized
  agent may institute a claim 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.
         SECTION 2.  Section 7.3511(e), Water Code, is repealed.
         SECTION 3.  This Act takes effect September 1, 2023.