State Codes and Statutes

Statutes > Texas > Local-government-code > Title-13-water-and-utilities > Chapter-573-authority-of-certain-counties-and-districts-to-regulate-stormwater-management

LOCAL GOVERNMENT CODE

TITLE 13. WATER AND UTILITIES

SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF

LOCAL GOVERNMENT

CHAPTER 573. AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO

REGULATE STORMWATER MANAGEMENT

Sec. 573.001. 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;

(3) a county with a population of more than 1.3 million for

which the primary source of drinking water is an underground

aquifer; or

(4) a county with a population of 800,000 or more that contains

a portion of the Edwards Aquifer.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001. Amended by Acts 2003,

78th Leg., ch. 195, Sec. 1, eff. June 2, 2003.

Renumbered from Local Government Code, Section 423.001 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

524, Sec. 1, eff. June 19, 2009.

Sec. 573.002. GENERAL AUTHORITY. (a) 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;

(4) developing and providing educational tools and activities

designed to reduce or lead to the reduction of the discharge of

pollutants into stormwater; and

(5) assessing reasonable charges to fund the implementation,

administration, and operation of the stormwater permitting

program as necessary to comply with federal or state program

requirements.

(b) Notwithstanding Subsection (a)(5), a county, district, or

authority may not assess a charge against property that is:

(1) exempt from ad valorem taxation; or

(2) subject to an assessment for the same purpose by another

entity.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

160, Sec. 1, eff. September 1, 2007.

Renumbered from Local Government Code, Section 423.002 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Sec. 573.003. 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, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.003 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Renumbered from Local Government Code, Section 423.003 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

State Codes and Statutes

Statutes > Texas > Local-government-code > Title-13-water-and-utilities > Chapter-573-authority-of-certain-counties-and-districts-to-regulate-stormwater-management

LOCAL GOVERNMENT CODE

TITLE 13. WATER AND UTILITIES

SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF

LOCAL GOVERNMENT

CHAPTER 573. AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO

REGULATE STORMWATER MANAGEMENT

Sec. 573.001. 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;

(3) a county with a population of more than 1.3 million for

which the primary source of drinking water is an underground

aquifer; or

(4) a county with a population of 800,000 or more that contains

a portion of the Edwards Aquifer.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001. Amended by Acts 2003,

78th Leg., ch. 195, Sec. 1, eff. June 2, 2003.

Renumbered from Local Government Code, Section 423.001 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

524, Sec. 1, eff. June 19, 2009.

Sec. 573.002. GENERAL AUTHORITY. (a) 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;

(4) developing and providing educational tools and activities

designed to reduce or lead to the reduction of the discharge of

pollutants into stormwater; and

(5) assessing reasonable charges to fund the implementation,

administration, and operation of the stormwater permitting

program as necessary to comply with federal or state program

requirements.

(b) Notwithstanding Subsection (a)(5), a county, district, or

authority may not assess a charge against property that is:

(1) exempt from ad valorem taxation; or

(2) subject to an assessment for the same purpose by another

entity.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

160, Sec. 1, eff. September 1, 2007.

Renumbered from Local Government Code, Section 423.002 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Sec. 573.003. 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, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.003 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Renumbered from Local Government Code, Section 423.003 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.


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State Codes and Statutes

Statutes > Texas > Local-government-code > Title-13-water-and-utilities > Chapter-573-authority-of-certain-counties-and-districts-to-regulate-stormwater-management

LOCAL GOVERNMENT CODE

TITLE 13. WATER AND UTILITIES

SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF

LOCAL GOVERNMENT

CHAPTER 573. AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO

REGULATE STORMWATER MANAGEMENT

Sec. 573.001. 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;

(3) a county with a population of more than 1.3 million for

which the primary source of drinking water is an underground

aquifer; or

(4) a county with a population of 800,000 or more that contains

a portion of the Edwards Aquifer.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001. Amended by Acts 2003,

78th Leg., ch. 195, Sec. 1, eff. June 2, 2003.

Renumbered from Local Government Code, Section 423.001 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

524, Sec. 1, eff. June 19, 2009.

Sec. 573.002. GENERAL AUTHORITY. (a) 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;

(4) developing and providing educational tools and activities

designed to reduce or lead to the reduction of the discharge of

pollutants into stormwater; and

(5) assessing reasonable charges to fund the implementation,

administration, and operation of the stormwater permitting

program as necessary to comply with federal or state program

requirements.

(b) Notwithstanding Subsection (a)(5), a county, district, or

authority may not assess a charge against property that is:

(1) exempt from ad valorem taxation; or

(2) subject to an assessment for the same purpose by another

entity.

Added by Acts 1999, 76th Leg., ch. 245, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

160, Sec. 1, eff. September 1, 2007.

Renumbered from Local Government Code, Section 423.002 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.

Sec. 573.003. 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, Sec. 1, eff. May 28,

1999. Renumbered from Sec. 422.003 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(92), eff. Sept. 1, 2001.

Renumbered from Local Government Code, Section 423.003 by Acts

2007, 80th Leg., R.S., Ch.

885, Sec. 3.76(c)(3), eff. April 1, 2009.


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