S.B. No. 2543
AN ACT
relating to the enforcement of rules by the Harris-Galveston
Subsidence District and the Fort Bend Subsidence District;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Section 8801.204,
Special District Local Laws Code, are amended to read as follows:
(a) If it appears that a person has violated or is violating
or threatening to violate this chapter or a rule, permit, or other
order of the district issued or adopted under this chapter, the
district may institute an action in a district court in the district
for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment and recovery of a civil penalty of:
(A) not less than $50 and not more than $5,000 for
each violation and for each day of a continuing violation, if the
person is not a political subdivision or an agency of a political
subdivision; or
(B) if the person is a political subdivision or
an agency of a political subdivision, an amount equal to the greater
of:
(i) 120 percent of the sum of the fees
assessed against the person and the amount the person would have
paid to an alternative water supplier; or
(ii) $5,000 for each violation and for each
day of a continuing violation; or
(3) both injunctive relief and civil penalties.
(c) At the request of the board, or the general manager if
authorized by the board, the attorney general shall institute and
conduct an action against any person in the name of the district for
injunctive relief or to recover a civil penalty, or both.
SECTION 2. Subsections (a) and (b), Section 43, Chapter
1045, Acts of the 71st Legislature, Regular Session, 1989, are
amended to read as follows:
(a) If a person has violated, is violating, or is
threatening to violate a provision of this Act or a rule,
regulation, permit, or other order of the district, the district
may bring a civil action in a district court within the district
for:
(1) an injunction to restrain the person from
continuing the violation or the threat of violation;
(2) the assessment and recovery of[, for] a civil
penalty of:
(A) not less than $50 nor more than $5,000 for
each violation and for each day of violation, if the person is not a
political subdivision or an agency of a political subdivision; or
(B) if the person is a political subdivision or
an agency of a political subdivision, an amount equal to the greater
of:
(i) 120 percent of the sum of the fees
assessed against the person and the amount the person would have
paid to an alternative water supplier; or
(ii) $5,000 for each violation and for each
day of a continuing violation; or
(3) [for] both injunctive relief and civil penalty.
(b) At the request of the board, or the general manager if
authorized by the board, the attorney general shall institute and
conduct an [the] action against any person in the name of the
district for injunctive relief or to recover a civil penalty, or
both. However, the district in its sole discretion may employ
attorneys of its choice to institute the action.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect at the time the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2543 passed the Senate on
May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2543 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor