Sec. 7.004. REMEDIES CUMULATIVE. The remedies under this chapter are cumulative of all other remedies. Nothing in this chapter affects the right of a private corporation or individual to pursue any available common law remedy to abate a condition of pollution or other nuisance, to recover damages to enforce a right, or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Notes of Decisions
Bcca Appeal Grp., Inc. v. City of Houston, 496 S.W.3d 1 (Tex. 2016).
· cites it 2× “Because the statute authorizes civil penalties and states that “remedies ... are cumulative,” the City argues it is not precluded from enacting its own enforcement mechanisms in addition to the Water Code’s enforcement provisions.”
Bcca Appeal Grp., Inc. v. City of Houston, No. 13-0768 (Tex. Apr. 29, 2016).
“are cumulative,” TEX. WATER CODE § 7.004, that it does not “exempt a person from complying with or being subject to other law,” id.”
City of Houston v. BCCA Appeal Grp., Inc., 485 S.W.3d 444 (Tex. App.—Houston [1st Dist.] 2013).
“” Tex. WateR Code Ann. §§ 7.004 , .005. Thus, the City has the authority to sue in civil district court for civil penalties or injunctive relief for violations of the TCAA pursuant to the TWC, but it is not prohibited from enforcing its own air-pollution abatement ordinances…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.