88R10952 JRR-D
By: Flores H.B. No. 4388
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures for 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 7.3511(d), Water Code, is amended to
read as follows:
(d) A local government, a person affected, or an authorized
agent may institute a claim 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.
SECTION 2. Section 7.3511(e), Water Code, is repealed.
SECTION 3. This Act takes effect September 1, 2023.