| |
| |
| |
|
|
AN ACT
|
|
|
relating to the enforcement of rules by the Harris-Galveston |
|
|
Subsidence District and the Fort Bend Subsidence District; |
|
|
providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsections (a) and (c), Section 8801.204, |
|
|
Special District Local Laws Code, are amended to read as follows: |
|
|
(a) If it appears that a person has violated or is violating |
|
|
or threatening to violate this chapter or a rule, permit, or other |
|
|
order of the district issued or adopted under this chapter, the |
|
|
district may institute an action in a district court in the district |
|
|
for: |
|
|
(1) injunctive relief to restrain the person from |
|
|
continuing the violation or threat of violation; |
|
|
(2) the assessment and recovery of a civil penalty of: |
|
|
(A) not less than $50 and not more than $5,000 for |
|
|
each violation and for each day of a continuing violation, if the |
|
|
person is not a political subdivision or an agency of a political |
|
|
subdivision; or |
|
|
(B) if the person is a political subdivision or |
|
|
an agency of a political subdivision, an amount equal to the greater |
|
|
of: |
|
|
(i) 120 percent of the sum of the fees |
|
|
assessed against the person and the amount the person would have |
|
|
paid to an alternative water supplier; or |
|
|
(ii) $5,000 for each violation and for each |
|
|
day of a continuing violation; or |
|
|
(3) both injunctive relief and civil penalties. |
|
|
(c) At the request of the board, or the general manager if |
|
|
authorized by the board, the attorney general shall institute and |
|
|
conduct an action against any person in the name of the district for |
|
|
injunctive relief or to recover a civil penalty, or both. |
|
|
SECTION 2. Subsections (a) and (b), Section 43, Chapter |
|
|
1045, Acts of the 71st Legislature, Regular Session, 1989, are |
|
|
amended to read as follows: |
|
|
(a) If a person has violated, is violating, or is |
|
|
threatening to violate a provision of this Act or a rule, |
|
|
regulation, permit, or other order of the district, the district |
|
|
may bring a civil action in a district court within the district |
|
|
for: |
|
|
(1) an injunction to restrain the person from |
|
|
continuing the violation or the threat of violation; |
|
|
(2) the assessment and recovery of[, for] a civil |
|
|
penalty of: |
|
|
(A) not less than $50 nor more than $5,000 for |
|
|
each violation and for each day of violation, if the person is not a |
|
|
political subdivision or an agency of a political subdivision; or |
|
|
(B) if the person is a political subdivision or |
|
|
an agency of a political subdivision, an amount equal to the greater |
|
|
of: |
|
|
(i) 120 percent of the sum of the fees |
|
|
assessed against the person and the amount the person would have |
|
|
paid to an alternative water supplier; or |
|
|
(ii) $5,000 for each violation and for each |
|
|
day of a continuing violation; or |
|
|
(3) [for] both injunctive relief and civil penalty. |
|
|
(b) At the request of the board, or the general manager if |
|
|
authorized by the board, the attorney general shall institute and |
|
|
conduct an [the] action against any person in the name of the |
|
|
district for injunctive relief or to recover a civil penalty, or |
|
|
both. However, the district in its sole discretion may employ |
|
|
attorneys of its choice to institute the action. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a violation that occurs on or after the effective date of this Act. |
|
|
A violation that occurs before the effective date of this Act is |
|
|
governed by the law in effect at the time the violation occurred, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2543 passed the Senate on |
|
|
May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the |
|
|
Senate concurred in House amendment on May 30, 2009, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2543 passed the House, with |
|
|
amendment, on May 27, 2009, by the following vote: Yeas 148, |
|
|
Nays 0, one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |