Sec. 11.0843. FIELD CITATION. (a) Upon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, the executive director or a person designated by the executive director, including a watermaster or the watermaster's deputy, may issue the alleged violator a field citation alleging that a violation has occurred and providing the alleged violator the option of either:
(1) without admitting to or denying the alleged violation, paying an administrative penalty in accordance with the predetermined penalty amount established under Subsection (b) and taking remedial action as provided in the citation; or
(2) requesting a hearing on the alleged violation in accordance with Section 11.0842.
(b) By rule the commission shall establish penalty amounts corresponding to types of violations of this chapter or rules or orders adopted or water rights issued under this chapter.
(c) A penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.02, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.11, eff. September 1, 2007.
Structure Texas Statutes
Title 2 - Water Administration
Subchapter C. Unlawful Use, Diversion, Waste, Etc.
Section 11.081. Unlawful Use of State Water
Section 11.082. Unlawful Use: Civil Penalty
Section 11.083. Other Unlawful Taking
Section 11.084. Sale of Permanent Water Right Without a Permit
Section 11.0842. Administrative Penalty
Section 11.0843. Field Citation
Section 11.085. Interbasin Transfers
Section 11.086. Overflow Caused by Diversion of Water
Section 11.087. Diversion of Water on International Stream
Section 11.0871. Temporary Diversion of Water on International Stream
Section 11.088. Destruction of Waterworks
Section 11.089. Johnson Grass or Russian Thistle
Section 11.090. Polluting and Littering
Section 11.091. Interference With Delivery of Water Under Contract
Section 11.092. Wasteful Use of Water
Section 11.093. Abatement of Waste as Public Nuisance
Section 11.094. Penalty for Use of Works Declared Public Nuisance
Section 11.096. Obstruction of Navigable Streams
Section 11.097. Removal of Obstructions From Navigable Streams