1-1 By: Cuellar of Webb (Senate Sponsor - Zaffirini) H.B. No. 862
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the powers and duties of certain constables to enforce
1-18 environmental laws affecting the Rio Grande.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Chapter 86, Local Government Code, is amended by
1-21 adding Subchapter D to read as follows:
1-22 SUBCHAPTER D. POWERS AND DUTIES RELATING TO
1-23 ENVIRONMENTAL PROTECTION OF RIO GRANDE
1-24 Sec. 86.041. LEGISLATIVE FINDING. The legislature finds
1-25 that ensuring a high standard of water quality for the Rio Grande
1-26 is a matter of concern to the entire state.
1-27 Sec. 86.042. COUNTY SUBJECT TO SUBCHAPTER. This subchapter
1-28 applies only to a county:
1-29 (1) that borders the Rio Grande; and
1-30 (2) in which the commissioners court determines by
1-31 order that the public health, safety, and welfare require that the
1-32 powers and duties prescribed by this subchapter be given to
1-33 constables of the county.
1-34 Sec. 86.043. AUTHORITY TO ISSUE CITATION. (a) The
1-35 authority given to a constable by this section applies only to any
1-36 activity that:
1-37 (1) affects the Rio Grande;
1-38 (2) occurs in the unincorporated area in the
1-39 constable's precinct; and
1-40 (3) is not consistent with state statutes and Texas
1-41 Water Commission rules.
1-42 (b) A constable may issue a citation to enforce a
1-43 misdemeanor offense prescribed by a state law relating to:
1-44 (1) preventing water pollution;
1-45 (2) otherwise preserving the physical, thermal,
1-46 chemical, or biological quality of water; or
1-47 (3) promoting the public enjoyment, or guaranteeing
1-48 the usefulness to the public, of a body of water.
1-49 (c) Before issuing a citation, the constable must:
1-50 (1) have probable cause to believe that a violation of
1-51 state law has occurred;
1-52 (2) consult employees of the Texas Water Commission in
1-53 the county regarding the violation; and
1-54 (3) have completed certified training each year in
1-55 environmental science and environmental regulation that is
1-56 equivalent to the amount of training received by Texas Water
1-57 Commission inspectors in a course approved or conducted by the
1-58 Texas Water Commission. The training must be designed and
1-59 certified by the Texas Water Commission to yield a level of
1-60 knowledge equivalent to that possessed by a Texas Water Commission
1-61 inspector. At a minimum, the training must include pre-inspection,
1-62 basic inspector and continuing training. The Texas Water
1-63 Commission may assess a fee against the county to recover the costs
1-64 of training a constable under this section.
1-65 Sec. 86.044. CONTENTS OF CITATION. A citation must state:
1-66 (1) the name of the person cited;
1-67 (2) the date, time, location, and nature of the
1-68 violation; and
2-1 (3) the time and place the person is required to
2-2 appear in court.
2-3 Sec. 86.045. FAILURE TO RESPOND TO CITATION. If a person
2-4 receiving a citation fails to appear on the return date of the
2-5 citation, the court may issue a warrant for the person's arrest for
2-6 the violation described in the citation.
2-7 Sec. 86.046. PATROL. A constable may patrol the
2-8 unincorporated area in the constable's precinct near the Rio Grande
2-9 to check for compliance with a state law described by Section
2-10 86.043.
2-11 Sec. 86.047. INFORMATION GIVEN TO STATE AUTHORITY. A
2-12 constable issuing a citation may file with an appropriate state
2-13 authority, including the Texas Water Commission or the attorney
2-14 general, information about the violation if the constable considers
2-15 the violation to be within the jurisdiction of the state authority.
2-16 SECTION 2. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.
2-23 * * * * *
2-24 Austin,
2-25 Texas
2-26 May 25, 1993
2-27 Hon. Bob Bullock
2-28 President of the Senate
2-29 Sir:
2-30 We, your Committee on Criminal Justice to which was referred H.B.
2-31 No. 862, have had the same under consideration, and I am instructed
2-32 to report it back to the Senate with the recommendation that it do
2-33 pass and be printed.
2-34 Whitmire,
2-35 Chairman
2-36 * * * * *
2-37 WITNESSES
2-38 FOR AGAINST ON
2-39 ___________________________________________________________________
2-40 Name: Jerry Kunkle x
2-41 Representing: Justice Peace and Constable
2-42 City: McKinney
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2-44 Name: Buck Bonner x
2-45 Representing:
2-46 City: Fairfield
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