Texas 2009 - 81st Regular

Texas House Bill HB2063 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2063
2	2
3	3
4	4	AN ACT
5	5	relating to the enforcement of rules by a groundwater conservation
6	6	district.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 36.102, Water Code, is amended to read as
9	9	follows:
10	10	Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may
11	11	enforce this chapter and its rules against any person by
12	12	injunction, mandatory injunction, or other appropriate remedy in a
13	13	court of competent jurisdiction.
14	14	(b) The board by rule may set reasonable civil penalties
15	15	against any person for breach of any rule of the district not to
16	16	exceed $10,000 per day per violation, and each day of a continuing
17	17	violation constitutes a separate violation.
18	18	(c) A penalty under this section is in addition to any other
19	19	penalty provided by the law of this state and may be enforced
20	20	against any person by complaints filed in the appropriate court of
21	21	jurisdiction in the county in which the district's principal office
22	22	or meeting place is located.
23	23	(d) If the district prevails in any suit to enforce its
24	24	rules, the district may seek and the court shall grant against any
25	25	person, in the same action, recovery for attorney's fees, costs for
26	26	expert witnesses, and other costs incurred by the district before
27	27	the court. The amount of the attorney's fees shall be fixed by the
28	28	court.
29	29	(e) In an enforcement action by a district against any
30	30	person that is a governmental entity for a violation of district
31	31	rules, the limits on the amount of fees, costs, and penalties that a
32	32	district may impose under Section 36.122, 36.205, or this section,
33	33	or under a special law governing a district operating under this
34	34	chapter, constitute a limit of liability of the governmental entity
35	35	for the violation. This subsection shall not be construed to
36	36	prohibit the recovery by a district of fees and costs under
37	37	Subsection (d) in an action against any person that is a
38	38	governmental entity.
39	39	SECTION 2. Section 311.031(a), Government Code, applies to
40	40	the amendments by this Act to Section 36.102, Water Code.
41	41	SECTION 3. This Act takes effect immediately if it receives
42	42	a vote of two-thirds of all the members elected to each house, as
43	43	provided by Section 39, Article III, Texas Constitution. If this
44	44	Act does not receive the vote necessary for immediate effect, this
45	45	Act takes effect September 1, 2009.
46	46	______________________________ ______________________________
47	47	President of the Senate Speaker of the House
48	48	I certify that H.B. No. 2063 was passed by the House on May 1,
49	49	2009, by the following vote: Yeas 140, Nays 0, 1 present, not
50	50	voting; and that the House concurred in Senate amendments to H.B.
51	51	No. 2063 on May 20, 2009, by the following vote: Yeas 137, Nays 0,
52	52	2 present, not voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 2063 was passed by the Senate, with
56	56	amendments, on May 18, 2009, by the following vote: Yeas 31, Nays
57	57	0.
58	58	______________________________
59	59	Secretary of the Senate
60	60	APPROVED: __________________
61	61	Date
62	62	__________________
63	63	Governor