Texas Water Code

§ 36.1021 — DEFERRAL OF PENALTY

WA § 36.1021Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES

Statute text

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(a)A court by order may allow a person to defer the payment of not more than 50 percent of the total amount of the civil penalties awarded by the court to a district for a violation under Section 36.102 on the condition that the person complies with all provisions for corrective action to address the violation.

(b)A court order under Subsection (a) must require the person to spend an amount of money equal to the amount of the civil penalty deferred by the court to mitigate the consequences of a violation of a rule of the district or prevent future violations of a rule of the district.

(c)In determining whether deferral of a civil penalty under this section is appropriate and the amount, if any, to be deferred, the court must consider:

(1)the factors used in determining the amount of the civil penalty under Section 36.102(b-1);

(2)whether the amount of the civil penalty that is not deferred, when combined with the amount of any attorney's fees awarded by the court to the district, will at a minimum cover the costs and expenditures of the district in enforcing its rules against the person so that the district will be made financially whole;

(3)the financial position of the person and the person's ability to reasonably pay the costs associated with the corrective action under the terms of the court order;

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Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 1121 (H.B. 5560), Sec. 2, eff. September 1, 2025.