89R3794 BEE-F
By: Orr H.B. No. 4588
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of aquatic vegetation management by the
Parks and Wildlife Department; providing a civil penalty; creating
a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 11, Parks and Wildlife
Code, is amended by adding Sections 11.087, 11.088, 11.089, and
11.090 to read as follows:
Sec. 11.087. REGULATION OF AQUATIC VEGETATION MANAGEMENT.
A person may not undertake any measure to control aquatic
vegetation in a public body of surface water except in accordance
with:
(1) generally accepted principles of integrated pest
management;
(2) the state aquatic vegetation management plan
adopted under Section 11.082;
(3) any applicable local aquatic vegetation
management plan adopted under Section 11.083; and
(4) any rule adopted under this subchapter.
Sec. 11.088. CIVIL ENFORCEMENT. (a) A person who violates
this subchapter or a rule, permit, or order issued or adopted under
this subchapter is subject to a civil penalty of not less than $100
or more than $10,000 for each act of violation and each day of
violation.
(b) If a person has violated, is violating, or is
threatening to violate this subchapter or a rule, permit, or order
issued or adopted under this subchapter, the director may bring an
action:
(1) to restrain the person from continuing the
violation or threat of violation;
(2) to recover a civil penalty under Subsection (a);
or
(3) for both injunctive relief and the civil penalty.
(c) On the request of the director, the attorney general or
the county attorney of the county in which the violation or threat
of violation occurred shall bring an action authorized by
Subsection (b) in the name of the state.
(d) In an action brought under this section, the department,
the attorney general, or the county, as appropriate, may also
recover:
(1) the actual investigation costs;
(2) reasonable attorney's fees; and
(3) reasonable associated costs to bring the action.
(e) Money recovered under Subsection (d) shall be credited
to the same operating fund from which the expenditure occurred.
Sec. 11.089. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this subchapter or a rule adopted
under this subchapter.
(b) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor.
Sec. 11.090. REMEDIES CUMULATIVE. The pendency or
determination of a civil action brought under this subchapter or a
criminal prosecution for the same violation does not bar the other
action.
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.