(a) The attorney general, or the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney of the county may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to:
- (1) enjoin the violation or threatened violation of the model rules adopted under Section 16.343, Water Code;
- (2) enjoin the violation or threatened violation of a requirement of this subchapter or a rule adopted by the commissioners court under this subchapter;
- (3) recover civil or criminal penalties, attorney's fees, litigation costs, and investigation costs; and
- (4) require platting or replatting under Section 232.224.
- (b) The attorney general, at the request of the district or county attorney with jurisdiction, may conduct a criminal prosecution under Section 232.217(h) or 232.220.
- (c) During the pendency of any enforcement action brought, any resident of the affected subdivision, or the attorney general, district attorney, or county attorney on behalf of a resident, may file a motion against the provider of utilities to halt termination of pre-existing utility services. The services may not be terminated if the court makes an affirmative finding after hearing the motion that termination poses a threat to public health, safety, or welfare of the residents.
- (d) This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code.
(e) A court having jurisdiction of an enforcement action under this section shall dismiss the action if the defendant:
- (1) remedies the violation that is the subject of the enforcement action not later than the 45th day after the date the defendant receives notice of the action; and
- (2) shows good cause for the dismissal.
Added by Acts 2025, 89th Leg., R.S., Ch. 526 (H.B. 3680), Sec. 6, eff. September 1, 2025.