Sec. 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.
(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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
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