Texas 2009 - 81st Regular

Texas House Bill HB4212 Compare Versions

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1	1	81R21702 SLB-D
2	2	By: Callegari H.B. No. 4212
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of rules by the Harris-Galveston
8	8	Subsidence District and the Fort Bend Subsidence District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 8801.204(a) and (c), Special District
11	11	Local Laws Code, are amended to read as follows:
12	12	(a) If it appears that a person has violated or is violating
13	13	or threatening to violate this chapter or a rule, permit, or other
14	14	order of the district issued or adopted under this chapter, the
15	15	district may institute an action in a district court in the district
16	16	for:
17	17	(1) injunctive relief to restrain the person from
18	18	continuing the violation or threat of violation;
19	19	(2) the assessment and recovery of a civil penalty of:
20	20	(A) not less than $50 and not more than $5,000 for
21	21	each violation and for each day of a continuing violation, if the
22	22	person is not a political subdivision or an agency of a political
23	23	subdivision; or
24	24	(B) if the person is a political subdivision or
25	25	an agency of a political subdivision, an amount equal to the greater
26	26	of:
27	27	(i) 120 percent of the sum of the fees
28	28	assessed against the person and the amount the person would have
29	29	paid to an alternative water supplier; or
30	30	(ii) $5,000 for each violation and for each
31	31	day of a continuing violation; or
32	32	(3) both injunctive relief and civil penalties.
33	33	(c) At the request of the board, or the general manager if
34	34	authorized by the board, the attorney general shall institute and
35	35	conduct an action against any person in the name of the district for
36	36	injunctive relief or to recover a civil penalty, or both.
37	37	SECTION 2. Sections 43(a) and (b), Chapter 1045, Acts of the
38	38	71st Legislature, Regular Session, 1989, are amended to read as
39	39	follows:
40	40	(a) If a person has violated, is violating, or is
41	41	threatening to violate a provision of this Act or a rule,
42	42	regulation, permit, or other order of the district, the district
43	43	may bring a civil action in a district court within the district
44	44	for:
45	45	(1) an injunction to restrain the person from
46	46	continuing the violation or the threat of violation;
47	47	(2) the assessment and recovery of[, for] a civil
48	48	penalty of:
49	49	(A) not less than $50 nor more than $5,000 for
50	50	each violation and for each day of violation, if the person is not a
51	51	political subdivision or an agency of a political subdivision; or
52	52	(B) if the person is a political subdivision or
53	53	an agency of a political subdivision, an amount equal to the greater
54	54	of:
55	55	(i) 120 percent of the sum of the fees
56	56	assessed against the person and the amount the person would have
57	57	paid to an alternative water supplier; or
58	58	(ii) $5,000 for each violation and for each
59	59	day of a continuing violation; or
60	60	(3) [for] both injunctive relief and civil penalty.
61	61	(b) At the request of the board, or the general manager if
62	62	authorized by the board, the attorney general shall institute and
63	63	conduct an [the] action against any person in the name of the
64	64	district for injunctive relief or to recover a civil penalty, or
65	65	both. However, the district in its sole discretion may employ
66	66	attorneys of its choice to institute the action.
67	67	SECTION 3. The changes in law made by this Act apply only to
68	68	a violation that occurs on or after the effective date of this Act.
69	69	A violation that occurs before the effective date of this Act is
70	70	governed by the law in effect at the time the violation occurred,
71	71	and the former law is continued in effect for that purpose.
72	72	SECTION 4. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2009.