By: Geren, Fallon (Senate Sponsor - Estes) H.B. No. 2533
(In the Senate - Received from the House May 10, 2017;
May 10, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 18, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 6, Nays 5; May 18, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2533 By: Estes
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 the commission has commenced a proceeding under
Subchapter C or the attorney general has commenced a civil suit
under Subchapter D concerning at least one of the alleged
violations set forth in the notice.
(e) If a local government, a person affected, or an
authorized agent discovers a violation that is within 120 days of
the expiration of the limitations period described in Section
7.360, the local government, person affected, or authorized agent
may institute a suit described by Subsection (b) on or after the
45th day after the date the attorney general and the executive
director of the commission receive the notice required by
Subsection (c) unless before the 45th day after the date the notice
is received the commission has commenced a proceeding under
Subchapter C or the attorney general has commenced a civil suit
under Subchapter D concerning at least one of the alleged
violations set forth in the notice. In the circumstances described
by this subsection, in addition to providing the notice required by
Subsection (c), the local government, person affected, or
authorized agent must:
(1) provide a copy of the notice by certified mail or
hand delivery to the chief of the division of the attorney general's
office responsible for handling environmental enforcement claims;
and
(2) include with the copy of the notice under
Subdivision (1) a statement providing that the copy of the notice is
being provided pursuant to this subsection.
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.
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