Texas 2017 85th Regular

Texas House Bill HB2533 Introduced / Bill

Filed 02/28/2017

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                    85R8344 JRR-F
 By: Geren H.B. No. 2533


 A BILL TO BE ENTITLED
 AN ACT
 relating to civil suits brought by local governments or certain
 other persons for violations of certain laws under the jurisdiction
 of, or rules adopted or orders or permits issued by, the Texas
 Commission on Environmental Quality.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 7.351, Water Code, is amended to read as
 follows:
 Sec. 7.351.  CIVIL SUITS. (a) Subject to Section 7.3511, if
 [If] it appears that a violation or threat of violation of Chapter
 16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and
 Safety Code, a provision of Chapter 401, Health and Safety Code,
 under the commission's jurisdiction, or Chapter 1903, Occupations
 Code, or a rule adopted or an order or a permit issued under those
 chapters or provisions has occurred or is occurring in the
 jurisdiction of a local government, the local government or, in the
 case of a violation of Chapter 401, Health and Safety Code, a person
 affected as defined in that chapter, may institute a civil suit
 under Subchapter D in the same manner as the commission in a
 district court by its own attorney for the injunctive relief or
 civil penalty, or both, as authorized by this chapter against the
 person who committed, is committing, or is threatening to commit
 the violation.
 (b)  Subject to Section 7.3511, if [If] it appears that a
 violation or threat of violation of Chapter 366, Health and Safety
 Code, under the commission's jurisdiction or a rule adopted or an
 order or a permit issued under that chapter has occurred or is
 occurring in the jurisdiction of a local government, an authorized
 agent as defined in that chapter may institute a civil suit under
 Subchapter D in the same manner as the commission in a district
 court by its own attorney for the injunctive relief or civil
 penalty, or both, as authorized by this chapter against the person
 who committed, is committing, or is threatening to commit the
 violation.
 SECTION 2.  Subchapter H, Chapter 7, Water Code, is amended
 by adding Section 7.3511 to read as follows:
 Sec. 7.3511.  PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE.
 (a) In this section:
 (1)  "Authorized agent" has the meaning assigned by
 Section 366.002, Health and Safety Code.
 (2)  "Person affected" has the meaning assigned by
 Section 401.003, Health and Safety Code.
 (b)  This section applies only to a civil suit under this
 subchapter that seeks a civil penalty for a violation of a statute,
 rule, order, or permit described by Section 7.351.
 (c)  Before instituting any claim in a suit described by
 Subsection (b), a local government, a person affected, or an
 authorized agent shall provide to the attorney general and the
 executive director of the commission written notice of each alleged
 violation, the facts in support of the claim, and the specific
 relief sought.
 (d)  A local government, a person affected, or an authorized
 agent may institute a suit described by Subsection (b) on or after
 the 90th day after the date the attorney general and the executive
 director of the commission receive the notice required by
 Subsection (c) unless before the 90th day after the date the notice
 is received:
 (1)  the attorney general has commenced a civil suit
 under Subchapter D concerning at least one of the alleged
 violations set forth in the notice; or
 (2)  the attorney general or the executive director of
 the commission denies, in writing, authorization to the local
 government, person affected, or authorized agent to pursue a suit
 described by Subsection (b) concerning the alleged violations.
 SECTION 3.  Section 7.357, Water Code, is repealed.
 SECTION 4.  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 on the date the violation occurred,
 and the former law is continued in effect for that purpose.
 SECTION 5.  This Act takes effect September 1, 2017.