H.B. No. 2063
  relating to the enforcement of rules by a groundwater conservation
         SECTION 1.  Section 36.102, Water Code, is amended to read as
         Sec. 36.102.  ENFORCEMENT OF RULES. (a)  A district may
  enforce this chapter and its rules against any person by
  injunction, mandatory injunction, or other appropriate remedy in a
  court of competent jurisdiction.
         (b)  The board by rule may set reasonable civil penalties
  against any person for breach of any rule of the district not to
  exceed $10,000 per day per violation, and each day of a continuing
  violation constitutes a separate violation.
         (c)  A penalty under this section is in addition to any other
  penalty provided by the law of this state and may be enforced
  against any person by complaints filed in the appropriate court of
  jurisdiction in the county in which the district's principal office
  or meeting place is located.
         (d)  If the district prevails in any suit to enforce its
  rules, the district may seek and the court shall grant against any
  person, in the same action, recovery for attorney's fees, costs for
  expert witnesses, and other costs incurred by the district before
  the court. The amount of the attorney's fees shall be fixed by the
         (e)  In an enforcement action by a district against any
  person that is a governmental entity for a violation of district
  rules, the limits on the amount of fees, costs, and penalties that a
  district may impose under Section 36.122, 36.205, or this section,
  or under a special law governing a district operating under this
  chapter, constitute a limit of liability of the governmental entity
  for the violation. This subsection shall not be construed to
  prohibit the recovery by a district of fees and costs under
  Subsection (d) in an action against any person that is a
  governmental entity.
         SECTION 2.  Section 311.031(a), Government Code, applies to
  the amendments by this Act to Section 36.102, Water Code.
         SECTION 3.  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 certify that H.B. No. 2063 was passed by the House on May 1,
  2009, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2063 on May 20, 2009, by the following vote:  Yeas 137, Nays 0,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 2063 was passed by the Senate, with
  amendments, on May 18, 2009, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________