| 1 | 1 | | 81R10568 PMO-F |
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| 2 | 2 | | By: Duncan, Averitt, Seliger S.B. No. 1190 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of rules by a groundwater conservation |
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| 8 | 8 | | district. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 36.102, Water Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may |
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| 13 | 13 | | enforce this chapter and its rules against any person by |
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| 14 | 14 | | injunction, mandatory injunction, or other appropriate remedy in a |
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| 15 | 15 | | court of competent jurisdiction. |
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| 16 | 16 | | (b) The board by rule may set reasonable civil penalties |
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| 17 | 17 | | against any person for breach of any rule of the district not to |
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| 18 | 18 | | exceed $10,000 per day per violation, and each day of a continuing |
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| 19 | 19 | | violation constitutes a separate violation. |
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| 20 | 20 | | (c) A penalty under this section is in addition to any other |
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| 21 | 21 | | penalty provided by the law of this state and may be enforced |
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| 22 | 22 | | against any person by complaints filed in the appropriate court of |
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| 23 | 23 | | jurisdiction in the county in which the district's principal office |
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| 24 | 24 | | or meeting place is located. |
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| 25 | 25 | | (d) If the district prevails in any suit to enforce its |
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| 26 | 26 | | rules, the district may seek and the court shall grant against any |
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| 27 | 27 | | person, in the same action, recovery for attorney's fees, costs for |
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| 28 | 28 | | expert witnesses, and other costs incurred by the district before |
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| 29 | 29 | | the court. The amount of the attorney's fees shall be fixed by the |
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| 30 | 30 | | court. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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