73R7627 E
By Cuellar of Webb H.B. No. 862
Substitute the following for H.B. No. 862:
By Chisum C.S.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.