HBA-SEP H.B. 2690 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2690
By: Walker
Natural Resources
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the board of directors of a groundwater conservation
district is authorized to set reasonable civil penalties for breach of
district rules not to exceed the jurisdiction of a justice court, which is
not to exceed $5,000.  This amount may not be enough to deter a person or
company that gains economic benefit in excess of $5,000 from the violation.
Assessing a penalty equal to 115 percent of the economic benefit gained
from the violation may better ensure that district rules are followed.
House Bill 2690 authorizes a district to set penalties for a violation of
district rules.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2690 amends the Water Code to specify that the board of
directors of a groundwater conservation district (district) is authorized,
by rule, to set reasonable civil penalties not to exceed $5,000 per day,
per violation, with each day of a continuing violation representing a
separate violation for breach of any district rule.  In addition to this
penalty or any other penalty provided by law, the district is authorized to
seek and the court is required to grant a penalty equal to 115 percent of
the economic benefit gained from the violation.  The bill specifies that
the court is required to grant, to a district that prevails in a case and
that so seeks, recovery for costs incurred before the court.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.