1-1 By: Puente (Senate Sponsor - Madla) H.B. No. 832
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the civil penalty a municipality may recover for a
1-22 violation of certain water control ordinances.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 54.012, Local Government Code, is amended
1-25 to read as follows:
1-26 Sec. 54.012. Civil Action. A municipality may bring a civil
1-27 action for the enforcement of an ordinance:
1-28 (1) for the preservation of public safety, relating to
1-29 the materials or methods used to construct a building or other
1-30 structure or improvement, including the foundation, structural
1-31 elements, electrical wiring or apparatus, plumbing and fixtures,
1-32 entrances, or exits;
1-33 (2) relating to the preservation of public health or
1-34 to the fire safety of a building or other structure or improvement,
1-35 including provisions relating to materials, types of construction
1-36 or design, interior configuration, illumination, warning devices,
1-37 sprinklers or other fire suppression devices, availability of water
1-38 supply for extinguishing fires, or location, design, or width of
1-39 entrances or exits;
1-40 (3) for zoning that provides for the use of land or
1-41 classifies a parcel of land according to the municipality's
1-42 district classification scheme;
1-43 (4) establishing criteria for land subdivision or
1-44 construction of buildings, including provisions relating to street
1-45 width and design, lot size, building width or elevation, setback
1-46 requirements, or utility service specifications or requirements;
1-47 (5) implementing civil penalties under this subchapter
1-48 for conduct classified by statute as a Class C misdemeanor;
1-49 (6) relating to dangerously damaged or deteriorated
1-50 structures or improvements;
1-51 (7) relating to conditions caused by accumulations of
1-52 refuse, vegetation, or other matter that creates breeding and
1-53 living places for insects and rodents; <or>
1-54 (8) relating to the interior configuration, design,
1-55 illumination, or visibility of business premises exhibiting for
1-56 viewing by customers while on the premises live or mechanically or
1-57 electronically displayed entertainment intended to provide sexual
1-58 stimulation or sexual gratification; or
1-59 (9) relating to point source effluent limitations or
1-60 the discharge of a pollutant, other than from a non-point source,
1-61 into a sewer system, including a sanitary or storm water sewer
1-62 system, owned or controlled by the municipality.
1-63 SECTION 2. Section 54.017(b), Local Government Code, is
1-64 amended to read as follows:
1-65 (b) A civil penalty under this section may not exceed $1,000
1-66 a day for a violation of an ordinance, except that a civil penalty
1-67 under this section may not exceed $5,000 a day for a violation of
1-68 an ordinance relating to point source effluent limitations or the
2-1 discharge of a pollutant, other than from a non-point source, into
2-2 a sewer system, including a sanitary or storm water sewer system,
2-3 owned or controlled by the municipality.
2-4 SECTION 3. (a) The change in law made by this Act applies
2-5 only to a violation committed on or after the effective date of
2-6 this Act. For purposes of this section, a violation is committed
2-7 on or after the effective date of this Act only if each element of
2-8 the violation occurs on or after that date.
2-9 (b) A violation committed before the effective date of this
2-10 Act is covered by the law in effect when the violation was
2-11 committed, and the former law is continued in effect for this
2-12 purpose.
2-13 SECTION 4. This Act takes effect September 1, 1993.
2-14 SECTION 5. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
2-19 * * * * *
2-20 Austin,
2-21 Texas
2-22 May 5, 1993
2-23 Hon. Bob Bullock
2-24 President of the Senate
2-25 Sir:
2-26 We, your Committee on Intergovernmental Relations to which was
2-27 referred H.B. No. 832, have had the same under consideration, and I
2-28 am instructed to report it back to the Senate with the
2-29 recommendation that it do pass and be printed.
2-30 Armbrister,
2-31 Chairman
2-32 * * * * *
2-33 WITNESSES
2-34 FOR AGAINST ON
2-35 ___________________________________________________________________
2-36 Name: Minerva R. Flores x
2-37 Representing: San Antonio/S.A. Water System
2-38 City: San Antonio
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2-40 Name: Robert Martinez x
2-41 Representing: Self
2-42 City: San Antonio
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2-44 Name: David Earl x
2-45 Representing: San Antonio/S.A. Water System
2-46 City: San Antonio
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