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.