73R7627 E
          By Cuellar of Webb                                     H.B. No. 862
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of certain constables to enforce
    1-3  environmental laws affecting the Rio Grande.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 86, Local Government Code, is amended by
    1-6  adding Subchapter D to read as follows:
    1-7             SUBCHAPTER D.  POWERS AND DUTIES RELATING TO
    1-8                ENVIRONMENTAL PROTECTION OF RIO GRANDE
    1-9        Sec. 86.041.  LEGISLATIVE FINDING.  The legislature finds
   1-10  that ensuring a high standard of water quality for the Rio Grande
   1-11  is a matter of concern to the entire state.
   1-12        Sec. 86.042.  COUNTY SUBJECT TO SUBCHAPTER.  This subchapter
   1-13  applies only to a county:
   1-14              (1)  that borders the Rio Grande; and
   1-15              (2)  in which the commissioners court determines by
   1-16  order that the public health, safety, and welfare require that the
   1-17  powers and duties prescribed by this subchapter be given to
   1-18  constables of the county.
   1-19        Sec. 86.043.  AUTHORITY TO ISSUE CITATION.  (a)  The
   1-20  authority given to a constable by this section applies only to any
   1-21  activity that:
   1-22              (1)  affects the Rio Grande;
   1-23              (2)  occurs in the unincorporated area in the
   1-24  constable's precinct; and
    2-1              (3)  is not consistent with state statutes and Texas
    2-2  Water Commission rules.
    2-3        (b)  A constable may issue a citation to enforce a
    2-4  misdemeanor offense prescribed by a state law relating to:
    2-5              (1)  preventing water pollution;
    2-6              (2)  otherwise preserving the physical, thermal,
    2-7  chemical, or biological quality of water; or
    2-8              (3)  promoting the public enjoyment, or guaranteeing
    2-9  the usefulness to the public, of a body of water.
   2-10        (c)  Before issuing a citation, the constable must:
   2-11              (1)  have probable cause to believe that a violation of
   2-12  state law has occurred;
   2-13              (2)  consult employees of the Texas Water Commission in
   2-14  the county regarding the violation; and
   2-15              (3)  have completed certified training each year in
   2-16  environmental science and environmental regulation that is
   2-17  equivalent to the amount of training received by Texas Water
   2-18  Commission inspectors in a course approved or conducted by the
   2-19  Texas Water Commission.  The training must be designed and
   2-20  certified by the Texas Water Commission to yield a level of
   2-21  knowledge equivalent to that possessed by a Texas Water Commission
   2-22  inspector.  At a minimum, the training must include pre-inspection,
   2-23  basic inspector and continuing training.  The Texas Water
   2-24  Commission may assess a fee against the county to recover the costs
   2-25  of training a constable under this section.
   2-26        Sec. 86.044.  CONTENTS OF CITATION.  A citation must state:
   2-27              (1)  the name of the person cited;
    3-1              (2)  the date, time, location, and nature of the
    3-2  violation; and
    3-3              (3)  the time and place the person is required to
    3-4  appear in court.
    3-5        Sec. 86.045.  FAILURE TO RESPOND TO CITATION.  If a person
    3-6  receiving a citation fails to appear on the return date of the
    3-7  citation, the court may issue a warrant for the person's arrest for
    3-8  the violation described in the citation.
    3-9        Sec. 86.046.  PATROL.  A constable may patrol the
   3-10  unincorporated area in the constable's precinct near the Rio Grande
   3-11  to check for compliance with a state law described by Section
   3-12  86.043.
   3-13        Sec. 86.047.  INFORMATION GIVEN TO STATE AUTHORITY.  A
   3-14  constable issuing a citation may file with an appropriate state
   3-15  authority, including the Texas Water Commission or the attorney
   3-16  general, information about the violation if the constable considers
   3-17  the violation to be within the jurisdiction of the state authority.
   3-18        SECTION 2.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended,
   3-23  and that this Act take effect and be in force from and after its
   3-24  passage, and it is so enacted.