| |
| |
| |
|
|
AN ACT
|
|
|
relating to providing a civil penalty for a violation of the |
|
|
Antiquities Code of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 442.011, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 442.011. PENALTY. A person who violates this chapter |
|
|
or Chapter 191, Natural Resources Code, is subject to a civil |
|
|
penalty of not less than $50 nor more than $1,000 for each day of |
|
|
violation. |
|
|
SECTION 2. Sections 442.012(a) and (c), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) The attorney general or any resident of this state may |
|
|
file suit in district court to restrain and enjoin a violation or |
|
|
threatened violation of this chapter or Chapter 191, Natural |
|
|
Resources Code, to recover on behalf of the state a civil penalty |
|
|
provided by this chapter, including a civil penalty provided for a |
|
|
violation of Chapter 191, Natural Resources Code, or for both |
|
|
injunctive relief and a civil penalty. |
|
|
(c) If the attorney general substantially prevails in an |
|
|
action to recover a civil penalty under this section, the court |
|
|
shall award the attorney general reasonable expenses incurred in |
|
|
recovering the penalty, including court costs, reasonable |
|
|
attorney's fees, expert witness fees, and deposition expenses [In
|
|
|
issuing a final order in the action, the court may award costs of
|
|
|
litigation, including reasonable attorney's and expert witness's
|
|
|
fees]. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2056 was passed by the House on April |
|
|
27, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2056 was passed by the Senate on May |
|
|
17, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |