Texas § SD.8888.170 - CIVIL PENALTY

§ SD.8888.170. CIVIL PENALTY

CIVIL PENALTY; CIVIL ACTION; INJUNCTION. (a) A person who violates a rule or order of the authority is subject to a civil penalty of not less than $50 and not more than $5,000 for each violation or each day of a continuing violation. (b) The authority may bring an action to recover the penalty in a district court in the county where the violation occurred. The penalty shall be paid to the authority. (c) The authority may bring an action for injunctive relief in a district court in the county where a violation of an authority rule or order occurs or is threatened to occur. The court may grant to the authority, without bond or other undertaking, a prohibitory or mandatory injunction that the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction. (d) The authority may bring an action for a civil penalty and injunctive relief in the same proceeding. (e) The authority may bring an action in a district court against a person located in the authority or included in the authority's groundwater reduction plan to: (1) recover any fees, rates, charges, assessments, collection expenses, attorney's fees, interest, penalties, or administrative penalties due the authority; or (2) enforce the authority's rules or orders. (f) Governmental immunity from suit or liability of a district or other political subdivision is waived for the purposes of an action described by Subsection (e). Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803 ), Sec. 1.04, eff. April 1, 2019.