Local Government Code § 232.221

Sec. 232.221. ENFORCEMENT. (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.