Texas Special District Local Laws Code 8802.107 – Enforcement
(a) If it appears that a person has violated, is violating, or is threatening to violate Chapter 36, Water Code, or a district permit, rule, or order, the district may file a civil suit in a district court of the county in which the violation occurs to obtain:
(1) injunctive relief to restrain the person from continuing the violation;
(2) a civil penalty of not less than $50 or more than $1,000 for each violation and for each day of violation; or
(3) both injunctive relief and a civil penalty.
(b) On application for injunctive relief under Subsection (a)(1) and a finding that a person is violating or threatening to violate this chapter or a district permit, rule, or order, the district court shall grant injunctive relief as the facts may warrant.
Terms Used In Texas Special District Local Laws Code 8802.107
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Any legal action initiated under this section to obtain penalties must be authorized by a resolution of the board or by the district’s general manager, if authorized by the board.
(d) In a civil suit filed under this section, the district:
(1) is not required to post bond or other security; and
(2) may recover reasonable attorney’s fees and expert witness’s fees.
(e) The remedies provided by this section are in addition to any remedies provided by other law.