Texas Senate Bill SB2543

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/7/09
• Voted on by Senate: 5/12/09
• Out of House Committee: 5/20/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/30/09
• Passed: 6/19/09

Caption

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

Impact

The bill significantly strengthens the regulatory authority of the Harris-Galveston Subsidence District and Fort Bend Subsidence District. By enabling these districts to pursue civil actions and impose penalties on entities that fail to comply with regulations, the bill seeks to achieve better adherence to rules designed to manage and conserve water resources effectively. This amendment is anticipated to increase accountability among local political subdivisions and other entities towards maintaining compliance with subsidence regulations, thereby addressing subsidence-related issues more decisively.

Summary

Senate Bill 2543 seeks to amend existing rules related to the Harris-Galveston Subsidence District and the Fort Bend Subsidence District by enhancing the enforcement mechanisms available to these districts. The bill allows the districts to take legal action against parties, including political subdivisions, that violate rules or regulations established under the governing chapter. This legal action includes the capacity to seek injunctive relief as well as civil penalties, depending on the violator's status. Implementing such measures is aimed at ensuring compliance and protecting the local water supply as subsidence can have significant environmental impacts.

Contention

Despite the intent to protect local resources, the bill may face contention regarding the extent of enforcement powers granted to the districts. Local governments might express concerns over the implications of civil penalties on their operations, questioning whether the penal system could disproportionately affect smaller municipalities that may lack the resources to adequately respond to such enforcement actions. By establishing a framework that permits private enforcement against governmental entities, the balancing act between environmental protection and local governance could become a focal point for debate.

Implementation

The proposed changes will come into effect only concerning violations occurring after the law's passage. Violations occurring before the bill's enactment will continue to be governed by previous regulations to ensure that entities are not penalized retrospectively. The bill requires a two-thirds majority approval from elected members of both houses for immediate effect, streamlining the enforcement process as soon as possible if passed.