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House Bill 1240 |
House Author: Coleman |
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Effective: Vetoed |
Senate Sponsor: Miles |
House Bill 1240 amends the Local Government Code to reduce the penalty for failure to comply with a fire marshal's order regarding fire safety from a Class B to a Class C misdemeanor. The bill establishes that such an offense is a Class A misdemeanor if the commission of the offense results in bodily injury or death. The bill increases the penalty for the offense to a Class B misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of the offense. Among other provisions, the bill authorizes the commissioners courts of Harris County and Fort Bend County to grant to certain county employees, as described by the bill, the authority to issue a citation for such a failure to comply or for a violation of an order relating to fire or life safety issued by the commissioners court that is reasonably necessary to protect public safety and welfare.
Governor's Reason for Veto: "House Bill 1240 would wisely reduce an existing fire-safety penalty from a Class B to a Class C misdemeanor, and I share the goal of keeping Texans safe by increasing enforcement of the penalty. But House Bill 1240 goes off course in granting broad and unique authority to the county commissioners courts in just a few counties, including Harris County. Under the bill, these county commissioners courts could designate county employees who are not peace officers to issue criminal citations to citizens—a weighty duty usually reserved for the discretion of trained, accountable law-enforcement officials. And the bill's loose language could give the county commissioners courts a blank check to write new safety rules to be enforced criminally by these county employees. A more refined solution is needed."