Orr’s bill regulating aquatic vegetation control

The text as introduced · 486 words

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.