Texas House Bill HB2063

Texas 2009 - 81st Regular

• 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
• Enrolled: 5/23/09
• Passed: 6/19/09

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.