Texas 2009 - 81st Regular

Texas House Bill HB2063

Filed
 
Out of House Committee
4/14/09  
Voted on by House
5/2/09  
Out of Senate Committee
5/13/09  
Voted on by Senate
5/18/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/23/09  

Caption

Relating to the enforcement of rules by a groundwater conservation district.

Impact

The amendments introduced by HB 2063 permit groundwater conservation districts to establish civil penalties for rule violations, which can reach $10,000 per day for each violation. This significant penalty structure aims to deter non-compliance and ensure that individuals and entities adhere to the established rules. Additionally, the law allows districts to recover costs associated with legal actions, including attorney fees and expert witness costs, should they prevail in court. This financial accountability could strengthen the enforcement mechanisms of groundwater conservation districts.

Summary

House Bill 2063 addresses the enforcement of regulations by groundwater conservation districts in Texas. The bill amends Section 36.102 of the Water Code, specifically allowing conservation districts to enforce their rules against individuals through injunctions and other legal remedies in a court of competent jurisdiction. This move aims to enhance compliance with regulations that govern groundwater use and conservation, emphasizing the importance of protecting water resources in the state.

Contention

Discussion around HB 2063 may arise from differing opinions on the extent of regulatory authority of conservation districts. Supporters argue that robust enforcement mechanisms are necessary to safeguard vital groundwater resources and uphold public interest. Conversely, there may be concerns regarding potential overreach, where stringent enforcement could disproportionately impact certain individuals or businesses. The balance between effective regulation and the rights of private individuals will likely be a point of consideration as the bill progresses.

Companion Bills

TX SB1190

Identical Relating to the enforcement of rules by a groundwater conservation district.

Previously Filed As

TX SB156

Relating to the regulation and management of the use of groundwater and regulation of groundwater conservation districts.

TX SB638

Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.

TX HB2735

Relating to security required before filing suit against a groundwater conservation district.

TX HB1971

Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.

TX HB3731

Relating to the Bandera County River Authority and Groundwater District.

TX HB2119

Relating to the award of attorney's fees in certain suits involving a groundwater conservation district.

TX SB2052

Relating to permit fees for groundwater wells imposed by the Southeast Texas Groundwater Conservation District.

TX SB2116

Relating to the Bandera County River Authority and Groundwater District.

TX HB1350

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

TX SB378

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

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