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AN ACT
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relating to the power of certain counties to enact certain park use |
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rules; changing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 320.0455, Local |
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Government Code, is amended to read as follows: |
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Sec. 320.0455. RULES IN CERTAIN COUNTIES [A POPULOUS |
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COUNTY]; PENALTY FOR VIOLATIONS. |
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SECTION 2. Section 320.0455, Local Government Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (b-1) to read as follows: |
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(a) This section applies only to a county with a population |
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of: |
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(1) [a county with a population of] 2.8 million or |
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more; [and] |
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(2) 580,000 or more that is adjacent to a county with a |
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population of 2.8 million or more; or |
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(3) [a county with a population of] more than 410,000 |
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and less than 455,000. |
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(b) Except as provided by Subsection (b-1), and subject |
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[Subject] to the approval of the commissioners court, the board may |
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adopt reasonable rules concerning the use of any park administered |
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by the board. |
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(b-1) A board created for a county described by Subsection |
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(a)(2) may not adopt rules relating to the use of fireworks. |
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(c) A person who [commits an offense if the person] violates |
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a rule approved by the commissioners court under Subsection (b) is |
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liable to the county for a civil penalty of not more than $100 per |
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violation. A county may bring suit in a district court or county |
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court to recover a civil penalty authorized by this subsection [An |
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offense under this subsection is a Class C misdemeanor]. |
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SECTION 3. The changes in law made by this Act do not affect |
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the pending prosecution of an offense under Section 320.0455, Local |
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Government Code, as that section existed immediately before the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 72 was passed by the House on April |
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30, 2021, by the following vote: Yeas 108, Nays 33, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 72 on May 28, 2021, by the following vote: Yeas 104, Nays 41, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 72 was passed by the Senate, with |
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amendments, on May 25, 2021, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |