Texas 2009 - 81st Regular

Texas Senate Bill SB2543 Compare Versions

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1	1	S.B. No. 2543
2	2
3	3
4	4	AN ACT
5	5	relating to the enforcement of rules by the Harris-Galveston
6	6	Subsidence District and the Fort Bend Subsidence District;
7	7	providing penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (a) and (c), Section 8801.204,
10	10	Special District Local Laws Code, are amended to read as follows:
11	11	(a) If it appears that a person has violated or is violating
12	12	or threatening to violate this chapter or a rule, permit, or other
13	13	order of the district issued or adopted under this chapter, the
14	14	district may institute an action in a district court in the district
15	15	for:
16	16	(1) injunctive relief to restrain the person from
17	17	continuing the violation or threat of violation;
18	18	(2) the assessment and recovery of a civil penalty of:
19	19	(A) not less than $50 and not more than $5,000 for
20	20	each violation and for each day of a continuing violation, if the
21	21	person is not a political subdivision or an agency of a political
22	22	subdivision; or
23	23	(B) if the person is a political subdivision or
24	24	an agency of a political subdivision, an amount equal to the greater
25	25	of:
26	26	(i) 120 percent of the sum of the fees
27	27	assessed against the person and the amount the person would have
28	28	paid to an alternative water supplier; or
29	29	(ii) $5,000 for each violation and for each
30	30	day of a continuing violation; or
31	31	(3) both injunctive relief and civil penalties.
32	32	(c) At the request of the board, or the general manager if
33	33	authorized by the board, the attorney general shall institute and
34	34	conduct an action against any person in the name of the district for
35	35	injunctive relief or to recover a civil penalty, or both.
36	36	SECTION 2. Subsections (a) and (b), Section 43, Chapter
37	37	1045, Acts of the 71st Legislature, Regular Session, 1989, are
38	38	amended to read as follows:
39	39	(a) If a person has violated, is violating, or is
40	40	threatening to violate a provision of this Act or a rule,
41	41	regulation, permit, or other order of the district, the district
42	42	may bring a civil action in a district court within the district
43	43	for:
44	44	(1) an injunction to restrain the person from
45	45	continuing the violation or the threat of violation;
46	46	(2) the assessment and recovery of[, for] a civil
47	47	penalty of:
48	48	(A) not less than $50 nor more than $5,000 for
49	49	each violation and for each day of violation, if the person is not a
50	50	political subdivision or an agency of a political subdivision; or
51	51	(B) if the person is a political subdivision or
52	52	an agency of a political subdivision, an amount equal to the greater
53	53	of:
54	54	(i) 120 percent of the sum of the fees
55	55	assessed against the person and the amount the person would have
56	56	paid to an alternative water supplier; or
57	57	(ii) $5,000 for each violation and for each
58	58	day of a continuing violation; or
59	59	(3) [for] both injunctive relief and civil penalty.
60	60	(b) At the request of the board, or the general manager if
61	61	authorized by the board, the attorney general shall institute and
62	62	conduct an [the] action against any person in the name of the
63	63	district for injunctive relief or to recover a civil penalty, or
64	64	both. However, the district in its sole discretion may employ
65	65	attorneys of its choice to institute the action.
66	66	SECTION 3. The changes in law made by this Act apply only to
67	67	a violation that occurs on or after the effective date of this Act.
68	68	A violation that occurs before the effective date of this Act is
69	69	governed by the law in effect at the time the violation occurred,
70	70	and the former law is continued in effect for that purpose.
71	71	SECTION 4. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2009.
76	76	______________________________ ______________________________
77	77	President of the Senate Speaker of the House
78	78	I hereby certify that S.B. No. 2543 passed the Senate on
79	79	May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the
80	80	Senate concurred in House amendment on May 30, 2009, by the
81	81	following vote: Yeas 31, Nays 0.
82	82	______________________________
83	83	Secretary of the Senate
84	84	I hereby certify that S.B. No. 2543 passed the House, with
85	85	amendment, on May 27, 2009, by the following vote: Yeas 148,
86	86	Nays 0, one present not voting.
87	87	______________________________
88	88	Chief Clerk of the House
89	89	Approved:
90	90	______________________________
91	91	Date
92	92	______________________________
93	93	Governor