Texas Senate Bill SB2661

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

Relating to penalties in certain suits involving a groundwater conservation district; increasing a penalty.

Impact

The bill's adjustments to penalty structures are expected to create a more robust enforcement mechanism for groundwater conservation districts. By linking penalties to the economic advantages gained from violations, the bill promotes a more accountable and effective regulatory framework. This change is viewed as a necessary update to the existing laws, which many stakeholders believe have not been effective enough in deterring violations or ensuring sustainability in water resource management.

Summary

Senate Bill 2661 aims to modify the penalties associated with breaches of regulations implemented by groundwater conservation districts in Texas. Specifically, the bill proposes to increase the maximum civil penalty from $10,000 to $25,000 for each day a violation occurs. This adjustment is designed to enhance compliance and deter repeated infringements on regulations that govern groundwater management, a critical issue given Texas's water scarcity concerns. Additionally, the legislation allows courts to impose penalties exceeding the $25,000 limit if it is determined that the economic benefit gained by the violator from the wrongdoing is greater than this amount.

Contention

While there may be overall support for enhancing penalties to protect water resources, there are potential points of contention among stakeholders. Critics could argue that inflexible penalties may burden small farmers and businesses unjustly, particularly those that may unintentionally violate complex regulations. This legislation contrasts with discussions around balancing environmental protections with economic implications, raising concerns about the fairness and practical implementation of such increased penalties in varying local contexts.

Texas Constitutional Statutes Affected

Water Code

• Chapter 36. Groundwater Conservation Districts
  • Section: 102