The Laws of Texas, 1913-1914 [Volume 16] Page: 100 of 1,574
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90 GENERAL LAWS.
POLLUTION OF STREAMS
PROVIDING A PENALTY AND
MEANS FOR THE ABATEMENT THEREOF.
S. B. No. 4.] CHAPTER 47.
An Act to prevent the pollution of the water courses or other public bodies of
water of the State of Texas, providing a penalty therefor, and providing means
for the abatement thereof.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That it shall be unlawful for any person, firm or corporation,
private or municipal, to pollute any water course or other public
body of water. from which water is taken for the use of farm live stock
and for drinking and domestic purposes, in the State of Texas, by the
dischare, directly or indirectly, of any sewage or unclean water or unclean
or polluting matter or thing therein, or in such proximity thereto
as that it will probably reach and pollute the waters of such water course
or other public body of water from which water is taken for the use
of farm live stock and for drinking and domestic purposes. A violation
of this provision shall be punished by a fine of not less than one hundred
dollars and not more than one thousand dollars. When the offense
shall have been committed by a firm, partnership or association, each
member thereof who has knowledge of the commission of such offense,
shall be held guilty. When committed by a private corporation, the
officers and members of the board of directors, having knowledge of the
commission of such offense, shall each be deemed guilty; and when
by a municipal corporation, the mayor and each member of the
board of aldermen or commission, having knowledge of the commission
of such offense, as the case may be, shall be held guilty, as
representatives of the municipality; and each person so indicated, as
above, shall be subject to the punishment provided hereinabove. Provided,
however, that the payment of the fine by one of the persons so
named shall be a satisfaction of the penalty as against his associates for
the offenses for which he may have been convicted. Provided, the provisions
of this Act shall not apply to any place or premises located without
the limits of an incorporated town or city, nor to manufacturing
plants whose effluents contain no organic matter that will putrify, or any
poisonous compounds, or any bacteria dangerous to public health or destructive
of the fish life of streams or other public bodies of water.
SEC. 2. Upon the conviction of any person under Section 1 of this
Act, it shall be the dutb7 of the court, or judge of the court, in which such
conviction is had, to issue a writ of injunction, enjoining and restraining
the person or persons or corporation responsible for such pollution from
a further continuance of such pollution; and for a violation of such in
junction, the said court and the judge thereof shall have the power of
fine and imprisonment, as for contempt of court, within the limits prescribed
by law in other cases; provided, that this remedy by injunction
and punishment for violation thereof shall be cumulative of the penalty
fixed by Section 1 of this Act; and the assessment of a fine for contempt
shall be no bar to a prosecution under Section 1; neither shall a
conviction and payment of fine under Section 1, be a bar to contempt
proceedings under this section.
SEC. 3. Any city or town of this State, with a population of more
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1913-1914 [Volume 16], book, 1914; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth10838/m1/100/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .