H.B. No. 2079
1-1 AN ACT
1-2 relating to the enforcement of certain public health and safety
1-3 laws.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 341.012(d), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (d) If the public health nuisance is not abated within the
1-8 time specified by the notice, the local health authority shall
1-9 notify the prosecuting attorney who received the copy of the
1-10 original notice. The prosecuting attorney:
1-11 (1) shall immediately institute proceedings to abate
1-12 the public health nuisance; or
1-13 (2) request the attorney general to institute the
1-14 proceedings or provide assistance in the prosecution of the
1-15 proceedings, including participation as an assistant prosecutor
1-16 when appointed by the prosecuting attorney.
1-17 SECTION 2. Section 341.092, Health and Safety Code, is
1-18 amended by amending Subsections (d), (f), and (i) and adding
1-19 Subsection (j) to read as follows:
1-20 (d) If it appears that a person has violated, is violating,
1-21 or is threatening to violate this chapter or a rule adopted under
1-22 this chapter, the department, a county, <or> a municipality, or the
1-23 attorney general on request by the district attorney, criminal
1-24 district attorney, county attorney, or, with the approval of the
2-1 governing body of the municipality, the attorney for the
2-2 municipality may institute a civil suit in a district court for:
2-3 (1) injunctive relief to restrain the person from
2-4 continuing the violation or threat of violation;
2-5 (2) the assessment and recovery of a civil penalty; or
2-6 (3) both injunctive relief and a civil penalty.
2-7 (f) On the department's request, or as otherwise provided by
2-8 this chapter, the attorney general shall institute and conduct a
2-9 suit in the name of the state for injunctive relief, to recover a
2-10 civil penalty, or for both injunctive relief and civil penalty.
2-11 (i) Civil penalties recovered in a suit brought under this
2-12 section by a county or municipality through its own attorney shall
2-13 be equally divided between:
2-14 (1) the state; and
2-15 (2) the county or municipality that first brought the
2-16 suit.
2-17 (j) The state is entitled to civil penalties recovered in a
2-18 suit instituted by the attorney general.
2-19 SECTION 3. Section 366.093, Health and Safety Code, is
2-20 amended to read as follows:
2-21 Sec. 366.093. Legal Proceedings. (a) A prosecuting
2-22 attorney who receives a report from the department or an authorized
2-23 agent of a violation of this chapter or a rule adopted under this
2-24 chapter shall:
2-25 (1) begin appropriate proceedings in the proper court
2-26 without unnecessary delay; and
2-27 (2) prosecute the cause as required by law.
3-1 (b) The attorney general, on request of the prosecuting
3-2 attorney, may institute or assist in the prosecution.
3-3 SECTION 4. Sections 16.343(b) and (c), Water Code, are
3-4 amended to read as follows:
3-5 (b) The model rules must:
3-6 (1) assure that adequate drinking water is available
3-7 to the residential areas in accordance with Chapter 341, Health and
3-8 Safety Code, and the Rules and Regulations for Public Water Systems
3-9 and the Drinking Water Standards Governing Water Quality and
3-10 Reporting Requirements for Public Water Supply Systems adopted by
3-11 the Texas Board of Health and other law and rules applicable to
3-12 drinking water; and
3-13 (2) provide criteria applicable to tracts that were
3-14 divided into two or more parts to lay out a subdivision and were
3-15 not platted or recorded before September 1, 1989.
3-16 (c) The model rules must:
3-17 (1) assure that adequate sewer facilities are
3-18 available to the residential areas through either septic tanks or
3-19 an organized sewage disposal system that is a publicly or privately
3-20 owned system for the collection, treatment, and disposal of sewage
3-21 operated in accordance with the terms and conditions of a valid
3-22 waste discharge permit issued by the Texas Water Commission or
3-23 private sewage facilities in accordance with Chapter 366, Health
3-24 and Safety Code, and the Construction Standards for On-Site
3-25 Sewerage Facilities adopted by the Texas Department of Health and
3-26 other law and rules applicable to sewage facilities; and
3-27 (2) provide criteria applicable to tracts that were
4-1 divided into two or more parts to lay out a subdivision and were
4-2 not platted or recorded before September 1, 1989.
4-3 SECTION 5. Section 232.0049, Local Government Code, is
4-4 amended by amending Subsections (a) and (b) and adding Subsections
4-5 (e), (f), and (g) to read as follows:
4-6 (a) The attorney general, the county attorney, or other
4-7 prosecuting attorney for the county may take any action necessary
4-8 in a court of competent jurisdiction to:
4-9 (1) enjoin the violation or threatened violation of
4-10 the model rules adopted under Section 16.343, Water Code;
4-11 (2) enjoin the violation or threatened violation of a
4-12 requirement adopted by the commissioners court under this chapter;
4-13 (3) recover as damages payable to the state or to the
4-14 affected county an amount adequate for the county to undertake the
4-15 construction or other activity necessary to bring about compliance
4-16 with a requirement adopted by the commissioners court under this
4-17 chapter; and
4-18 (4) assess and recover civil or criminal penalties
4-19 <may take any action necessary to enforce a requirement imposed by
4-20 or under Section 232.0035 or 232.0036 or to ensure that water and
4-21 sewer service facilities are constructed or installed to service a
4-22 subdivision in compliance with the model rules adopted under
4-23 Section 16.343, Water Code>.
4-24 (b) A person who <violates Section 232.0035 or 232.0036 or>
4-25 fails to timely provide for the construction or installation of
4-26 water or sewer service facilities that the person described on the
4-27 plat or on the document attached to the plat or who otherwise
5-1 violates<, as required by> Section 232.0035 or 232.0036 or a rule
5-2 or requirement adopted by the commissioners court under this
5-3 chapter<,> is subject to a civil penalty of not less than $500 nor
5-4 more than $1,000 for each violation and for each day of a
5-5 continuing violation but not to exceed $5,000 each day and shall
5-6 also pay <plus> court costs and attorney's fees.
5-7 (e) In a suit under this section to enjoin a violation or
5-8 threatened violation of Section 232.0035 or 232.0036 or a rule or
5-9 requirement adopted by the commissioners court under this chapter,
5-10 the court shall grant the attorney general, county attorney, or
5-11 other prosecuting attorney any injunctive relief that the facts may
5-12 warrant without bond or other undertaking.
5-13 (f) Civil penalties recovered in a suit brought under this
5-14 section by a county or its prosecuting attorney shall be equally
5-15 divided between the state and the county.
5-16 (g) This section applies in a county that is an affected
5-17 county as defined by Section 16.341, Water Code.
5-18 SECTION 6. (a) The change in law made by Section 232.0049,
5-19 Local Government Code, as amended by this Act, applies only to a
5-20 criminal offense committed on or after the effective date of this
5-21 Act. For purposes of this section, a criminal offense is committed
5-22 before the effective date of this Act if any element of the offense
5-23 occurs before that date.
5-24 (b) A criminal offense committed before the effective date
5-25 of this Act is covered by the law in effect when the criminal
5-26 offense was committed, and the former law is continued in effect
5-27 for that purpose.
6-1 SECTION 7. This Act does not affect the transfer of powers,
6-2 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
6-3 Legislature, 1st Called Session, 1991.
6-4 SECTION 8. This Act takes effect September 1, 1993.
6-5 SECTION 9. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.