By:  Brady                                            H.B. No. 1998
       73R480 SOS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring a prosecuting attorney of a county to take
    1-3  certain action to enforce the county's regulation of subdivisions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 232.005(a), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (a)  At the request of the commissioners court, the county
    1-8  attorney or other prosecuting attorney for the county shall <may>
    1-9  file an action in a court of competent jurisdiction to:
   1-10              (1)  enjoin the violation or threatened violation of a
   1-11  requirement established by, or adopted by the commissioners court
   1-12  under a preceding section of this chapter; or
   1-13              (2)  recover damages in an amount adequate for the
   1-14  county to undertake any construction or other activity necessary to
   1-15  bring about compliance with a requirement established by, or
   1-16  adopted by the commissioners court under a preceding section of
   1-17  this chapter.
   1-18        SECTION 2.  The change in law made by this Act to Section
   1-19  232.005, Local Government Code, applies only to a request by a
   1-20  commissioners court made on or after the effective date of this
   1-21  Act.
   1-22        SECTION 3.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.