Bill Text: TX SB912 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the suspension of operations of water districts that have failed to follow a court order or administrative directive by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Water & Rural Affairs [SB912 Detail]
Download: Texas-2019-SB912-Introduced.html
86R8864 SLB-F | ||
By: Hinojosa | S.B. No. 912 |
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relating to the suspension of operations of water districts that | ||
have failed to follow a court order or administrative directive by | ||
the Texas Commission on Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 12, Water Code, is amended | ||
by adding Section 12.0815 to read as follows: | ||
Sec. 12.0815. SUSPENSION OF OPERATIONS. (a) This section | ||
applies to a district created under Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) The commission shall give written notice to a district | ||
that has failed to follow a court order or commission directive that | ||
the district must comply with the court order or commission | ||
directive. | ||
(c) Not later than the 30th day after the date the district | ||
receives the notice under Subsection (b), the commission may | ||
suspend operations of the district if the commission has not | ||
received a response to the notice from the district, or has received | ||
an inadequate response. | ||
(d) If the commission suspends operations of a district | ||
under this section, the commission shall request that the attorney | ||
general bring suit for the appointment of a receiver to collect the | ||
assets and carry on the business of the district. | ||
(e) The court shall appoint a receiver if an appointment is | ||
necessary: | ||
(1) to guarantee the collection of assessments, fees, | ||
penalties, or interest; | ||
(2) to guarantee the continuous and adequate service | ||
to the customers of the district; or | ||
(3) to prevent continued or repeated violation of the | ||
court order or commission directive. | ||
(f) The receiver shall execute a bond to assure the proper | ||
performance of the receiver's duties in an amount to be set by the | ||
court. | ||
(g) After appointment and execution of bond, the receiver | ||
shall take possession of the assets of the district specified by the | ||
court. Until discharged by the court, the receiver shall perform | ||
the duties that the court directs to preserve the assets and carry | ||
on the business of the district and shall strictly observe the court | ||
order involved. | ||
(h) On a showing of good cause by the district, the court may | ||
dissolve the receivership and order the assets and control of the | ||
business returned to the district. | ||
SECTION 2. This Act takes effect September 1, 2019. |