By: Cuellar, H. H.B. No. 862
73R411 MRB-D
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
1-21 conduct that:
1-22 (1) affects the Rio Grande; and
1-23 (2) occurs in the unincorporated area in the
1-24 constable's precinct.
2-1 (b) A constable may issue a citation to enforce a
2-2 misdemeanor offense prescribed by an order of the commissioners
2-3 court or a state law relating to:
2-4 (1) preventing water pollution;
2-5 (2) otherwise preserving the physical, thermal,
2-6 chemical, or biological quality of water; or
2-7 (3) promoting the public enjoyment of, or guaranteeing
2-8 the usefulness to the public of, a body of water.
2-9 (c) To issue a citation, the constable must have probable
2-10 cause to believe that a violation of the county order or state law
2-11 has occurred.
2-12 Sec. 86.044. CONTENTS OF CITATION. A citation must state:
2-13 (1) the name of the person cited;
2-14 (2) the date, time, location, and nature of the
2-15 violation; and
2-16 (3) the time and place the person is required to
2-17 appear in court.
2-18 Sec. 86.045. FAILURE TO RESPOND TO CITATION. If a person
2-19 receiving a citation fails to appear on the return date of the
2-20 citation, the court may issue a warrant for the person's arrest for
2-21 the violation described in the citation.
2-22 Sec. 86.046. PATROL. A constable may patrol the
2-23 unincorporated area in the constable's precinct near the Rio Grande
2-24 to check for compliance with a county order or state law described
2-25 by Section 86.043.
2-26 Sec. 86.047. INFORMATION GIVEN TO STATE AUTHORITY. A
2-27 constable issuing a citation may file with an appropriate state
3-1 authority, including the Texas Water Commission or the attorney
3-2 general, information about the violation if the constable considers
3-3 the violation to be within the jurisdiction of the state authority.
3-4 SECTION 2. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.