Relating to penalties in certain suits involving a groundwater conservation district; increasing a penalty.
What changed between versions
New subsection (b-1) requires courts to consider specific factors when setting civil penalties, including the nature of the violation, history of violations, economic benefit gained, and drought contingency plan compliance.
New Section 36.1021 allows courts to defer up to 50% of civil penalties if the violator complies with corrective actions, requiring the deferred amount to be used for mitigation.
New Section 36.1022 permits water and sewer utilities to recover civil penalties from customers who caused the utility to violate groundwater production rules, provided the utility acted in good faith.
Penalty amounts now include a range of reasonable civil penalties instead of a single fixed amount, giving boards more flexibility in enforcement.
The bill takes effect on September 1, 2025, with retroactive application to suits filed before that date governed by the law in effect at the time of filing.