González Bill Hikes Fines For Skipping The Water Use Survey

The text as introduced · 516 words

90R2751 CMO-D

By: González of El Paso
H.B. No. 364

A BILL TO BE ENTITLED

AN ACT

relating to the penalties applicable to a person who fails to timely

complete and return a water use survey submitted to the person by

the executive administrator of the Texas Water Development Board;

increasing a criminal penalty; providing civil penalties.

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

SECTION 1. Section 16.012, Water Code, is amended by

amending Subsection (m) and adding Subsections (m-1), (m-2), and

(m-3) to read as follows:

(m) The executive administrator may conduct surveys of

entities using groundwater and surface water for municipal,

industrial, power generation, or mining purposes at intervals

determined appropriate by the executive administrator to gather

data to be used for long-term water supply planning. Recipients of

the survey shall complete and return the survey to the executive

administrator. A person who fails to timely complete and return the

survey is not eligible for funding from the board for board programs

and is ineligible to obtain permits, permit amendments, or permit

renewals from the commission under Chapter 11. A person who fails

to complete and return the survey :

(1) commits an offense that is punishable as a Class A

[ C ] misdemeanor ; and

(2) is liable to the state for a civil penalty in the

amount of:

(A) $5,000 for the first week the person fails to

complete and return the survey;

(B) $10,000 for the second week the person fails

to complete and return the survey; and

(C) $15,000 for the third week and each

subsequent week the person fails to complete and return the survey .

(m-1) In addition to the civil penalty provided by

Subsection (m)(2), a person who uses groundwater or surface water

for municipal, industrial, power generation, or mining purposes in

a regional water planning area or municipality that has a projected

water shortage, as determined by the most recent state water plan

adopted under Section 16.051, is liable to the state for a civil

penalty in the amount of $2,500 for each week the person fails to

complete and return a survey described by Subsection (m).

(m-2) On the request of the executive administrator or the

board, the attorney general shall institute a suit in the name of

the state to recover a civil penalty under Subsection (m)(2) or

(m-1).

(m-3) Subsections (m), (m-1), and (m-2) do [ This subsection

does ] not apply to survey information regarding windmills used for

domestic and livestock use.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2027.