Texas House Bill HB4212

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09
• Voted on by House: 5/18/09

Caption

Relating to the enforcement of rules by the Harris-Galveston Subsidence District and the Fort Bend Subsidence District.

Impact

The legislative changes proposed in HB4212 will contribute significantly to how groundwater conservation districts operate in Texas. The bill allows districts to impose penalties that could be substantial, offering them a financial mechanism to dissuade potential violators from exceeding regulatory limits. This shift is expected to reinforce the state’s groundwater management efforts, particularly in areas where water conservation is critical due to environmental pressures. Additionally, the bill outlines the process for using legal action to enforce compliance, which may enhance the overall accountability of water usage practices.

Summary

House Bill 4212 aims to enhance the enforcement capabilities of groundwater conservation and subsidence districts in Texas. It amends existing laws relating to the assessment of civil penalties and the ability of these districts to seek injunctive relief against violators. The bill specifies that if a person violates any provisions of the chapter or rules set by the districts, the districts have the authority to file civil actions in district courts for both injunctive relief and the recovery of civil penalties. This provides districts with a more robust framework for addressing violations.

Contention

While HB4212 provides vital tools for enforcement, it also raises concerns regarding the powers conferred to groundwater conservation and subsidence districts over individuals and entities. Critics may argue that the bill allows for overly stringent actions against those perceived to be in violation of the regulations, potentially leading to disputes and overreach by local authorities. The financial implications of the penalties could disproportionately affect smaller landowners or businesses that may lack the resources to comply rapidly. The balance of power between ensuring compliance and maintaining fair treatment of stakeholders will be a significant point of contention in discussions surrounding the bill.