Texas Water Code 7.103 – Continuing Violations
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Terms Used In Texas Water Code 7.103
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means 12 consecutive months. See Texas Government Code 311.005
If it is shown on a trial of a defendant that the defendant has previously been assessed a civil penalty for a violation of a statute within the commission’s jurisdiction or a rule adopted or an order or a permit issued under such a statute within the year before the date on which the violation being tried occurred, the defendant shall be assessed a civil penalty not less than $100 nor greater than $25,000 for each subsequent day and for each subsequent violation. Each day of a continuing violation is a separate violation.