85R8344 JRR-F     By: Geren H.B. No. 2533       A BILL TO BE ENTITLED   AN ACT   relating to civil suits brought by local governments or certain   other persons for violations of certain laws under the jurisdiction   of, or rules adopted or orders or permits issued by, the Texas   Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.351, Water Code, is amended to read as   follows:          Sec. 7.351.  CIVIL SUITS. (a) Subject to Section 7.3511, if   [If] it appears that a violation or threat of violation of Chapter   16, 26, or 28 of this code, Chapter 361, 371, 372, or 382, Health and   Safety Code, a provision of Chapter 401, Health and Safety Code,   under the commission's jurisdiction, or Chapter 1903, Occupations   Code, or a rule adopted or an order or a permit issued under those   chapters or provisions has occurred or is occurring in the   jurisdiction of a local government, the local government or, in the   case of a violation of Chapter 401, Health and Safety Code, a person   affected as defined in that chapter, may institute a civil suit   under Subchapter D in the same manner as the commission in a   district court by its own attorney for the injunctive relief or   civil penalty, or both, as authorized by this chapter against the   person who committed, is committing, or is threatening to commit   the violation.          (b)  Subject to Section 7.3511, if [If] it appears that a   violation or threat of violation of Chapter 366, Health and Safety   Code, under the commission's jurisdiction or a rule adopted or an   order or a permit issued under that chapter has occurred or is   occurring in the jurisdiction of a local government, an authorized   agent as defined in that chapter may institute a civil suit under   Subchapter D in the same manner as the commission in a district   court by its own attorney for the injunctive relief or civil   penalty, or both, as authorized by this chapter against the person   who committed, is committing, or is threatening to commit the   violation.          SECTION 2.  Subchapter H, Chapter 7, Water Code, is amended   by adding Section 7.3511 to read as follows:          Sec. 7.3511.  PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE.   (a) In this section:                (1)  "Authorized agent" has the meaning assigned by   Section 366.002, Health and Safety Code.                (2)  "Person affected" has the meaning assigned by   Section 401.003, Health and Safety Code.          (b)  This section applies only to a civil suit under this   subchapter that seeks a civil penalty for a violation of a statute,   rule, order, or permit described by Section 7.351.          (c)  Before instituting any claim in a suit described by   Subsection (b), a local government, a person affected, or an   authorized agent shall provide to the attorney general and the   executive director of the commission written notice of each alleged   violation, the facts in support of the claim, and the specific   relief sought.          (d)  A local government, a person affected, or an authorized   agent may institute a suit described by Subsection (b) on or after   the 90th day after the date the attorney general and the executive   director of the commission receive the notice required by   Subsection (c) unless before the 90th day after the date the notice   is received:                (1)  the attorney general has commenced a civil suit   under Subchapter D concerning at least one of the alleged   violations set forth in the notice; or                (2)  the attorney general or the executive director of   the commission denies, in writing, authorization to the local   government, person affected, or authorized agent to pursue a suit   described by Subsection (b) concerning the alleged violations.          SECTION 3.  Section 7.357, Water Code, is repealed.          SECTION 4.  The changes in law made by this Act apply only to   a violation that occurs on or after the effective date of this Act.   A violation that occurs before the effective date of this Act is   governed by the law in effect on the date the violation occurred,   and the former law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2017.