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

89(R) SB 2661 - Introduced version - Bill Text

89R14601 ANG-F

By: Perry

S.B. No. 2661

A BILL TO BE ENTITLED

AN ACT

relating to penalties in certain suits involving a groundwater

conservation district; increasing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 36.102, Water Code, is amended by

amending Subsection (b) and adding Subsection (f) to read as

follows:

(b)
Except as provided by Subsection (f), the
[
The
] board by

rule may set reasonable civil penalties
that the district may

recover from
[
against
] any person for breach of any rule of the

district
in an amount
not to exceed
$25,000
[
$10,000
] per day per

violation, and each day of a continuing violation constitutes a

separate violation.

(f)

In an enforcement action brought by a district against a

person, the court may assess a penalty greater than the maximum

penalty authorized under Subsection (b) if the court determines

that the person gained an economic benefit as a result of the

violation that was greater than the maximum penalty under

Subsection (b).

A penalty assessed under this subsection must be in

an amount determined by the court to be necessary and appropriate to

outweigh the economic benefit gained by the person as a result of

the violation and discourage future violations.

SECTION 2. Section 36.102, Water Code, as amended by this

Act, applies only to a suit involving a groundwater conservation

district that is filed on or after the effective date of this Act. A

suit filed before the effective date of this Act is subject to the

law in effect on the date the suit is filed, and that law is

continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.