HB 364 — The penalties applicable to a person who fails to timely

90R2751 CMO-D By: González of El Paso H.B. No. 364 relating to the penalties applicable to a person who fails to timely complete and return a water use survey submitted to the person by the executive administrator of the Texas Water Development Board; increasing a criminal penalty; providing civil penalties.

SECTION 1. Section 16.012, Water Code, is amended by amending Subsection (m) and adding Subsections (m-1), (m-2), and (m-3) to read as follows: (m) The executive administrator may conduct surveys of entities using groundwater and surface water for municipal, industrial, power generation, or mining purposes at intervals determined appropriate by the executive administrator to gather data to be used for long-term water supply planning. Recipients of the survey shall complete and return the survey to the executive administrator. A person who fails to timely complete and return the survey is not eligible for funding from the board for board programs and is ineligible to obtain permits, permit amendments, or permit renewals from the commission under Chapter 11. A person who fails to complete and return the survey : (1) commits an offense that is punishable as a Class A [ C ] misdemeanor ; and (2) is liable to the state for a civil penalty in the amount of: (A) $5,000 for the first week the person fails to complete and return the survey; (B) $10,000 for the second week the person fails to complete and return the survey; and (C) $15,000 for the third week and each subsequent week the person fails to complete and return the survey . (m-1) In addition to the civil penalty provided by Subsection (m)(2), a person who uses groundwater or surface water for municipal, industrial, power generation, or mining purposes in a regional water planning area or municipality that has a projected water shortage, as determined by the most recent state water plan adopted under Section 16.051, is liable to the state for a civil penalty in the amount of $2,500 for each week the person fails to complete and return a survey described by Subsection (m). (m-2) On the request of the executive administrator or the board, the attorney general shall institute a suit in the name of the state to recover a civil penalty under Subsection (m)(2) or (m-1). (m-3) Subsections (m), (m-1), and (m-2) do [ This subsection does ] not apply to survey information regarding windmills used for domestic and livestock use.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect September 1, 2027.