Texas Water Code

§ 5.353 — DILIGENT PROSECUTION OF SUIT

WA § 5.353Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. I. JUDICIAL REVIEW

Statute text

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The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.

Legislative history

Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.