Texas Water Code 7.051 – Administrative Penalty
(a) The commission may assess an administrative penalty against a person as provided by this subchapter if:
(1) the person violates:
(A) a provision of this code or of the Health and Safety Code that is within the commission’s jurisdiction;
(B) a rule adopted or order issued by the commission under a statute within the commission’s jurisdiction; or
(C) a permit issued by the commission under a statute within the commission’s jurisdiction; and
(2) a county, political subdivision, or municipality has not instituted a lawsuit and is not diligently prosecuting that lawsuit under Subchapter H against the same person for the same violation.
(b) This subchapter does not apply to violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety Code.
Terms Used In Texas Water Code 7.051
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Statute: A law passed by a legislature.