Texas 2025 - 89th Regular

Texas House Bill HB4588 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3794 BEE-F
2	2	By: Orr H.B. No. 4588
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of aquatic vegetation management by the
10	10	Parks and Wildlife Department; providing a civil penalty; creating
11	11	a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter G, Chapter 11, Parks and Wildlife
14	14	Code, is amended by adding Sections 11.087, 11.088, 11.089, and
15	15	11.090 to read as follows:
16	16	Sec. 11.087. REGULATION OF AQUATIC VEGETATION MANAGEMENT.
17	17	A person may not undertake any measure to control aquatic
18	18	vegetation in a public body of surface water except in accordance
19	19	with:
20	20	(1) generally accepted principles of integrated pest
21	21	management;
22	22	(2) the state aquatic vegetation management plan
23	23	adopted under Section 11.082;
24	24	(3) any applicable local aquatic vegetation
25	25	management plan adopted under Section 11.083; and
26	26	(4) any rule adopted under this subchapter.
27	27	Sec. 11.088. CIVIL ENFORCEMENT. (a) A person who violates
28	28	this subchapter or a rule, permit, or order issued or adopted under
29	29	this subchapter is subject to a civil penalty of not less than $100
30	30	or more than $10,000 for each act of violation and each day of
31	31	violation.
32	32	(b) If a person has violated, is violating, or is
33	33	threatening to violate this subchapter or a rule, permit, or order
34	34	issued or adopted under this subchapter, the director may bring an
35	35	action:
36	36	(1) to restrain the person from continuing the
37	37	violation or threat of violation;
38	38	(2) to recover a civil penalty under Subsection (a);
39	39	or
40	40	(3) for both injunctive relief and the civil penalty.
41	41	(c) On the request of the director, the attorney general or
42	42	the county attorney of the county in which the violation or threat
43	43	of violation occurred shall bring an action authorized by
44	44	Subsection (b) in the name of the state.
45	45	(d) In an action brought under this section, the department,
46	46	the attorney general, or the county, as appropriate, may also
47	47	recover:
48	48	(1) the actual investigation costs;
49	49	(2) reasonable attorney's fees; and
50	50	(3) reasonable associated costs to bring the action.
51	51	(e) Money recovered under Subsection (d) shall be credited
52	52	to the same operating fund from which the expenditure occurred.
53	53	Sec. 11.089. CRIMINAL PENALTY. (a) A person commits an
54	54	offense if the person violates this subchapter or a rule adopted
55	55	under this subchapter.
56	56	(b) An offense under this section is a Class C Parks and
57	57	Wildlife Code misdemeanor.
58	58	Sec. 11.090. REMEDIES CUMULATIVE. The pendency or
59	59	determination of a civil action brought under this subchapter or a
60	60	criminal prosecution for the same violation does not bar the other
61	61	action.
62	62	SECTION 2. The changes in law made by this Act apply only to
63	63	conduct that occurs on or after the effective date of this Act.
64	64	Conduct that occurs before the effective date of this Act is
65	65	governed by the law in effect on the date the conduct occurred, and
66	66	the former law is continued in effect for that purpose.
67	67	SECTION 3. This Act takes effect September 1, 2025.