1-1 By: Cuellar of Webb, et al. H.B. No. 2079
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House May 10, 1993;
1-4 May 11, 1993, read first time and referred to Committee on Natural
1-5 Resources; May 22, 1993, rereferred to Committee on Health and
1-6 Human Services; May 23, 1993, reported favorably, as amended, by
1-7 the following vote: Yeas 8, Nays 0; May 23, 1993, sent to
1-8 printer.)
1-9 COMMITTEE VOTE
1-10 Yea Nay PNV Absent
1-11 Zaffirini x
1-12 Ellis x
1-13 Madla x
1-14 Moncrief x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Truan x
1-19 Wentworth x
1-20 COMMITTEE AMENDMENT NO. 1 By: Zaffirini
1-21 Amend HB 2079 as follows:
1-22 (1) On page 2, line 43, amend SECTION 4, Subsection (b)(2),
1-23 after "platted" insert "or recorded".
1-24 (2) On page 2, line 57, amend SECTION 4, Subsection (c)(2),
1-25 after "platted" insert "or recorded".
1-26 (3) On page 3, lines 30 through 36, amend SECTION 6, strike
1-27 Subsection (a) and insert the following:
1-28 "(a) The change in law made by Section 232.0049, Local
1-29 Government Code, as amended by this Act, applies only to a criminal
1-30 offense committed on or after the effective date of this Act. For
1-31 purposes of this section, a criminal offense is committed before
1-32 the effective date of this Act if any element of the offense occurs
1-33 before that date."
1-34 (4) On page 3, lines 37 through 40, amend SECTION 6, strike
1-35 Subsection (b) and insert the following:
1-36 "(b) A criminal offense committed before the effective date
1-37 of this Act is covered by the law in effect when the criminal
1-38 offense was committed, and the former law is continued in effect
1-39 for that purpose."
1-40 A BILL TO BE ENTITLED
1-41 AN ACT
1-42 relating to the enforcement of certain public health and safety
1-43 laws.
1-44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-45 SECTION 1. Section 341.012(d), Health and Safety Code, is
1-46 amended to read as follows:
1-47 (d) If the public health nuisance is not abated within the
1-48 time specified by the notice, the local health authority shall
1-49 notify the prosecuting attorney who received the copy of the
1-50 original notice. The prosecuting attorney:
1-51 (1) shall immediately institute proceedings to abate
1-52 the public health nuisance; or
1-53 (2) request the attorney general to institute the
1-54 proceedings or provide assistance in the prosecution of the
1-55 proceedings, including participation as an assistant prosecutor
1-56 when appointed by the prosecuting attorney.
1-57 SECTION 2. Section 341.092, Health and Safety Code, is
1-58 amended by amending Subsections (d), (f), and (i) and adding
1-59 Subsection (j) to read as follows:
1-60 (d) If it appears that a person has violated, is violating,
1-61 or is threatening to violate this chapter or a rule adopted under
1-62 this chapter, the department, a county, <or> a municipality, or the
1-63 attorney general on request by the district attorney, criminal
1-64 district attorney, county attorney, or, with the approval of the
1-65 governing body of the municipality, the attorney for the
1-66 municipality may institute a civil suit in a district court for:
1-67 (1) injunctive relief to restrain the person from
1-68 continuing the violation or threat of violation;
2-1 (2) the assessment and recovery of a civil penalty; or
2-2 (3) both injunctive relief and a civil penalty.
2-3 (f) On the department's request, or as otherwise provided by
2-4 this chapter, the attorney general shall institute and conduct a
2-5 suit in the name of the state for injunctive relief, to recover a
2-6 civil penalty, or for both injunctive relief and civil penalty.
2-7 (i) Civil penalties recovered in a suit brought under this
2-8 section by a county or municipality through its own attorney shall
2-9 be equally divided between:
2-10 (1) the state; and
2-11 (2) the county or municipality that first brought the
2-12 suit.
2-13 (j) The state is entitled to civil penalties recovered in a
2-14 suit instituted by the attorney general.
2-15 SECTION 3. Section 366.093, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 366.093. Legal Proceedings. (a) A prosecuting
2-18 attorney who receives a report from the department or an authorized
2-19 agent of a violation of this chapter or a rule adopted under this
2-20 chapter shall:
2-21 (1) begin appropriate proceedings in the proper court
2-22 without unnecessary delay; and
2-23 (2) prosecute the cause as required by law.
2-24 (b) The attorney general, on request of the prosecuting
2-25 attorney, may institute or assist in the prosecution.
2-26 SECTION 4. Sections 16.343(b) and (c), Water Code, are
2-27 amended to read as follows:
2-28 (b) The model rules must:
2-29 (1) assure that adequate drinking water is available
2-30 to the residential areas in accordance with Chapter 341, Health and
2-31 Safety Code, and the Rules and Regulations for Public Water Systems
2-32 and the Drinking Water Standards Governing Water Quality and
2-33 Reporting Requirements for Public Water Supply Systems adopted by
2-34 the Texas Board of Health and other law and rules applicable to
2-35 drinking water; and
2-36 (2) provide criteria applicable to tracts that were
2-37 divided into two or more parts to lay out a subdivision and were
2-38 not platted before September 1, 1989.
2-39 (c) The model rules must:
2-40 (1) assure that adequate sewer facilities are
2-41 available to the residential areas through either septic tanks or
2-42 an organized sewage disposal system that is a publicly or privately
2-43 owned system for the collection, treatment, and disposal of sewage
2-44 operated in accordance with the terms and conditions of a valid
2-45 waste discharge permit issued by the Texas Water Commission or
2-46 private sewage facilities in accordance with Chapter 366, Health
2-47 and Safety Code, and the Construction Standards for On-Site
2-48 Sewerage Facilities adopted by the Texas Department of Health and
2-49 other law and rules applicable to sewage facilities; and
2-50 (2) provide criteria applicable to tracts that were
2-51 divided into two or more parts to lay out a subdivision and were
2-52 not platted before September 1, 1989.
2-53 SECTION 5. Section 232.0049, Local Government Code, is
2-54 amended by amending Subsections (a) and (b) and adding Subsections
2-55 (e), (f), and (g) to read as follows:
2-56 (a) The attorney general, the county attorney, or other
2-57 prosecuting attorney for the county may take any action necessary
2-58 in a court of competent jurisdiction to:
2-59 (1) enjoin the violation or threatened violation of
2-60 the model rules adopted under Section 16.343, Water Code;
2-61 (2) enjoin the violation or threatened violation of a
2-62 requirement adopted by the commissioners court under this chapter;
2-63 (3) recover as damages payable to the state or to the
2-64 affected county an amount adequate for the county to undertake the
2-65 construction or other activity necessary to bring about compliance
2-66 with a requirement adopted by the commissioners court under this
2-67 chapter; and
2-68 (4) assess and recover civil or criminal penalties
2-69 <may take any action necessary to enforce a requirement imposed by
2-70 or under Section 232.0035 or 232.0036 or to ensure that water and
3-1 sewer service facilities are constructed or installed to service a
3-2 subdivision in compliance with the model rules adopted under
3-3 Section 16.343, Water Code>.
3-4 (b) A person who <violates Section 232.0035 or 232.0036 or>
3-5 fails to timely provide for the construction or installation of
3-6 water or sewer service facilities that the person described on the
3-7 plat or on the document attached to the plat or who otherwise
3-8 violates<, as required by> Section 232.0035 or 232.0036 or a rule
3-9 or requirement adopted by the commissioners court under this
3-10 chapter<,> is subject to a civil penalty of not less than $500 nor
3-11 more than $1,000 for each violation and for each day of a
3-12 continuing violation but not to exceed $5,000 each day and shall
3-13 also pay <plus> court costs and attorney's fees.
3-14 (e) In a suit under this section to enjoin a violation or
3-15 threatened violation of Section 232.0035 or 232.0036 or a rule or
3-16 requirement adopted by the commissioners court under this chapter,
3-17 the court shall grant the attorney general, county attorney, or
3-18 other prosecuting attorney any injunctive relief that the facts may
3-19 warrant without bond or other undertaking.
3-20 (f) Civil penalties recovered in a suit brought under this
3-21 section by a county or its prosecuting attorney shall be equally
3-22 divided between the state and the county.
3-23 (g) This section applies in a county that is an affected
3-24 county as defined by Section 16.341, Water Code.
3-25 SECTION 6. (a) The change in law made by Section 232.0049,
3-26 Local Government Code, as amended by this Act, applies only to an
3-27 offense committed or violation that occurs on or after the
3-28 effective date of this Act. For purposes of this section, an
3-29 offense is committed or a violation occurs before the effective
3-30 date of this Act if any element of the offense or violation occurs
3-31 before that date.
3-32 (b) An offense committed or a violation that occurs before
3-33 the effective date of this Act is covered by the law in effect when
3-34 the offense was committed or the violation occurred, and the former
3-35 law is continued in effect for that purpose.
3-36 SECTION 7. This Act does not affect the transfer of powers,
3-37 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
3-38 Legislature, 1st Called Session, 1991.
3-39 SECTION 8. This Act takes effect September 1, 1993.
3-40 SECTION 9. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *
3-46 Austin,
3-47 Texas
3-48 May 23, 1993
3-49 Hon. Bob Bullock
3-50 President of the Senate
3-51 Sir:
3-52 We, your Committee on Health and Human Services to which was
3-53 referred H.B. No. 2079, have had the same under consideration, and
3-54 I am instructed to report it back to the Senate with the
3-55 recommendation that it do pass, as amended, and be printed.
3-56 Ellis,
3-57 Vice-Chairman
3-58 * * * * *
3-59 WITNESSES
3-60 FOR AGAINST ON
3-61 ___________________________________________________________________
3-62 Name: Tom Krampitz x
3-63 Representing: TX Dist. & County Attor.
3-64 City: Austin, Texas
3-65 -------------------------------------------------------------------
3-66 Name: Suzanne Schwartz x
3-67 Representing: TX Water Development Board
3-68 City: Austin, Texas
3-69 -------------------------------------------------------------------
3-70 Name: Teri Flack x
4-1 Representing: Attorney General's Office
4-2 City: Austin, Texas
4-3 -------------------------------------------------------------------
4-4 Name: Gary Bechtor x
4-5 Representing: TX Water Development Board
4-6 City: Austin, Texas
4-7 -------------------------------------------------------------------