H.B. No. 1794
  relating to suits brought by local governments for violations of
  certain laws under the jurisdiction of, or rules adopted or orders
  or permits issued by, the Texas Commission on Environmental
  Quality; affecting civil penalties.
         SECTION 1.  Section 7.107, Water Code, is amended to read as
         Sec. 7.107.  DIVISION OF CIVIL PENALTY. Except in a suit
  brought for a violation of Chapter 28 of this code or of Chapter
  401, Health and Safety Code, a civil penalty recovered in a suit
  brought under this subchapter by a local government shall be
  [equally] divided as follows [between]:
               (1)  the first $4.3 million of the amount recovered
  shall be divided equally between:
                     (A)  the state; and
                     (B) [(2)]  the local government that brought the
  suit; and
               (2)  any amount recovered in excess of $4.3 million
  shall be awarded to the state.
         SECTION 2.  Subchapter H, Chapter 7, Water Code, is amended
  by adding Sections 7.359 and 7.360 to read as follows:
  OF CIVIL PENALTY. In determining the amount of a civil penalty to
  be assessed in a suit brought by a local government under this
  subchapter, the trier of fact shall consider the factors described
  by Section 7.053.
         Sec. 7.360.  LIMITATIONS. A suit for a civil penalty that is
  brought by a local government under this subchapter must be brought
  not later than the fifth anniversary of the earlier of the date the
  person who committed the violation:
               (1)  notifies the commission in writing of the
  violation; or
               (2)  receives a notice of enforcement from the
  commission with respect to the alleged violation.
         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 on the date the violation occurred,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1794 was passed by the House on April
  28, 2015, by the following vote:  Yeas 108, Nays 36, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1794 on May 22, 2015, by the following vote:  Yeas 116, Nays 17,
  3 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 1794 was passed by the Senate, with
  amendments, on May 20, 2015, by the following vote:  Yeas 24, Nays
  Secretary of the Senate   
  APPROVED: __________________