2005 Texas Local Government Code CHAPTER 423. AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO REGULATE STORMWATER MANAGEMENT

LOCAL GOVERNMENT CODE

CHAPTER 423. AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO 
REGULATE STORMWATER MANAGEMENT


	§ 423.001. COUNTY OR DISTRICT SUBJECT TO CHAPTER.  This 
chapter applies only to:
		(1)  a county with a population of 2.8 million or more;                       
		(2)  a district or authority created under Section 59, 
Article XVI, Texas Constitution, that:
			(A)  has boundaries coterminous with a county 
described by Subdivision (1);  and
			(B)  is authorized to provide stormwater drainage 
and flood control facilities;  or
		(3)  a county with a population of more than 1.3 million 
for which the primary source of drinking water is an underground 
aquifer.

Added by Acts 1999, 76th Leg., ch. 245, § 1, eff. May 28, 1999.  
Renumbered from V.T.C.A., Local Government Code § 422.001 by 
Acts 2001, 77th Leg., ch. 1420, § 21.001(92), eff. Sept. 1, 2001.  
Amended by Acts 2003, 78th Leg., ch. 195, § 1, eff. June 2, 2003.


	§ 423.002. GENERAL AUTHORITY.  A county, district, or 
authority may take any necessary or proper action to comply with the 
requirements of the stormwater permitting program under the 
national pollutant discharge elimination system (Section 402, 
Federal Water Pollution Control Act (33 U.S.C. Section 1342)), 
including:
		(1)  developing and implementing controls to reduce the 
discharge of pollutants from any conveyance or system of conveyance 
owned or operated by the county, district, or authority that is 
designed for collecting or conveying stormwater;
		(2)  developing, implementing, and enforcing 
stormwater management guidelines, design criteria, or rules to 
reduce the discharge of pollutants into any conveyance or system of 
conveyance owned or operated by the county, district, or authority 
that is designed for collecting or conveying stormwater;
		(3)  assisting residents with the proper management of 
used oil and toxic materials, including the holding of household 
hazardous waste collection events;  and
		(4)  developing and providing educational tools and 
activities designed to reduce or lead to the reduction of the 
discharge of pollutants into stormwater.

Added by Acts 1999, 76th Leg., ch. 245, § 1, eff. May 28, 1999.  
Renumbered from V.T.C.A. Local Government Code § 422.002 by Acts 
2001, 77th Leg., ch. 1420, § 21.001(92), eff. Sept. 1, 2001.


	§ 423.003. CIVIL PENALTY;  INJUNCTION.  (a) A person who 
violates a rule or order adopted by the county, district, or 
authority under this chapter is liable to the county, district, or 
authority for a civil penalty of not more than $1,000 for each 
violation.  Each day a violation continues is considered a separate 
violation for purposes of assessing the civil penalty.
	(b)  A county, district, or authority may bring suit in a 
district court to: 
		(1)  restrain a violation or threatened violation of a 
rule or order adopted by the county, district, or authority under 
this chapter;  or
		(2)  recover a civil penalty authorized by Subsection 
(a).                  

Added by Acts 1999, 76th Leg., ch. 245, § 1, eff. May 28, 1999.  
Renumbered from V.T.C.A. Local Government Code § 422.003 by Acts 
2001, 77th Leg., ch. 1420, § 21.001(92), eff. Sept. 1, 2001.