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.