§ 29-5. Environmental regulations.

(a)

The city is permitted to enforce state environmental regulations against railroads as it may against any other person or entity as permitted by the powers vested upon it under the Texas Health and Safety Code Chapter 382 et seq. and under the Texas Water Code Chapter 7 et. seq. or as subsequently amended or superseded, so long as such regulation or regulations do not pose an obstacle to the federal scheme or such regulation or regulations adopt requirements that are not substantially the same as federal regulation on hazardous transportation issues.

(b)

The Texas Water Code, Chapter 7 et.seq. or as subsequently amended or superseded allows the city to institute a civil suit under Subchapter D in the same manner as the State of Texas in a district court by the city attorney for the injunctive relief or civil penalty, or both, as authorized by the Texas Statute against the person who commits a violation so long as such regulation or regulations being prosecuted do not pose an obstacle to the federal regulations on hazardous transportation issues. The Texas Criminal Procedure grants the district and/or county attorney to represent the state in criminal cases in the district courts in the district.

(Ord. No. 01-33, § 2, 10-23-2001)