83R7253 JAM-F
By: Fraser S.B. No. 1209
A BILL TO BE ENTITLED
AN ACT
relating to reporting and information availability requirements
for persons impounding, diverting, or otherwise using state water;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.031(b) and (d), Water Code, are
amended to read as follows:
(b) A person who fails to file an annual report with the
commission as required by Subsection (a) or fails to timely comply
with a request by the commission to make information available
under Subsection (d) [this section] is liable for [to] a penalty in
an amount not to exceed $5,000 [of $25, plus $1] per day for each day
the person fails to file the statement or comply with the request
after the applicable deadline [he fails to file the statement after
March 1. However, the maximum penalty under this section is $150].
The state may sue to recover the penalty.
(d) Each person who has a water right issued by the
commission or who impounds, diverts, or otherwise uses state water
shall maintain water use information required under Subsection (a)
on a monthly basis during the months a water rights holder uses
permitted water. The person shall make the information available
to the commission on the commission's request. The executive
director shall establish a reasonable deadline by which a person
must make available information requested by the commission under
this subsection.
SECTION 2. Section 11.031, Water Code, as amended by this
Act, applies only to a report due or a request for information made
on or after the effective date of this Act. A report due or request
made before that date is governed by the law in effect on the date
the report is due or the request is made, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.