By:  Barrientos                                        S.B. No. 883
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to enforcement by a municipality of water and air quality
    1-2  standards; providing a penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 54, Local Government Code, is amended by
    1-5  amending Sections 54.012 and 54.013 and adding Section 54.020 to
    1-6  read as follows:
    1-7        Sec. 54.012.  Civil Action.  A municipality may bring a civil
    1-8  action for the enforcement of an ordinance:
    1-9              (1)  for the preservation of public safety, relating to
   1-10  the materials or methods used to construct a building or other
   1-11  structure or improvement, including the foundation, structural
   1-12  elements, electrical wiring or apparatus, plumbing and fixtures,
   1-13  entrances, or exits;
   1-14              (2)  relating to the preservation of public health or
   1-15  to the fire safety of a building or other structure or improvement,
   1-16  including provisions relating to materials, types of construction
   1-17  or design, interior configuration, illumination, warning devices,
   1-18  sprinklers or other fire suppression devices, availability of water
   1-19  supply for extinguishing fires, or location, design, or width of
   1-20  entrances or exits;
   1-21              (3)  for zoning that provides for the use of land or
   1-22  classifies a parcel of land according to the municipality's
   1-23  district classification scheme;
   1-24              (4)  establishing criteria for land subdivision or
    2-1  construction of buildings, including provisions relating to street
    2-2  width and design, lot size, building width or elevation, setback
    2-3  requirements, or utility service specifications or requirements;
    2-4              (5)  implementing civil penalties under this subchapter
    2-5  for conduct classified by statute as a Class C misdemeanor;
    2-6              (6)  relating to dangerously damaged or deteriorated
    2-7  structures or improvements;
    2-8              (7)  relating to conditions caused by accumulations of
    2-9  refuse, vegetation, or other matter that creates breeding and
   2-10  living places for insects and rodents; <or>
   2-11              (8)  relating to the interior configuration, design,
   2-12  illumination, or visibility of business premises exhibiting for
   2-13  viewing by customers while on the premises live or mechanically or
   2-14  electronically displayed entertainment intended to provide sexual
   2-15  stimulation or sexual gratification;
   2-16              (9)  relating to preservation of water quality as
   2-17  provided by Section 26.177, Water Code; or
   2-18              (10)  relating to the preservation of air quality as
   2-19  provided by Section 382.113, Health and Safety Code, provided that
   2-20  a civil action allowed under this subdivision or Subdivision (9)
   2-21  may be brought against violations of an ordinance in the
   2-22  extraterritorial jurisdiction of a municipality only when the
   2-23  violations involve construction projects.
   2-24        Sec. 54.013.  Jurisdiction; Venue.  (a)  Except as provided
   2-25  by Subsection (b), jurisdiction <Jurisdiction> and venue of an
   2-26  action under this subchapter are in the district court or the
   2-27  county court at law of the county in which the municipality
    3-1  bringing the action is located.
    3-2        (b)  Jurisdiction and venue for a criminal action brought by
    3-3  a municipality to enforce an ordinance to which Section 54.020
    3-4  applies are in the municipal court of the municipality bringing the
    3-5  action or another court of competent jurisdiction.
    3-6        Sec. 54.020.  CRIMINAL ORDINANCE TO ENFORCE WATER OR AIR
    3-7  QUALITY STANDARDS.  (a)  A municipality may adopt a criminal
    3-8  ordinance as provided by Section 54.001 to carry out its authority
    3-9  under Section 26.177, Water Code, or Section 382.113, Health and
   3-10  Safety Code.
   3-11        (b)  On arrest of a person for a violation of an ordinance to
   3-12  which this section applies, the arresting officer shall prepare and
   3-13  deliver to the person a written notice to appear in court.  The
   3-14  notice must include the person's name and address, a statement of
   3-15  the offense charged, the time and place that the person must appear
   3-16  in court, and a notice that by signing the notice the person
   3-17  promises to appear at that time and place.  On signing the notice,
   3-18  the person shall be released.  This subsection applies where there
   3-19  is no municipal development permit issued for the subject activity
   3-20  and, in the extraterritorial jurisdiction of a municipality, when
   3-21  the violation involves construction projects.
   3-22        (c)  A person who fails to appear at the time and place
   3-23  stated in the notice signed by the person commits an offense.  An
   3-24  offense under this subsection is a Class C misdemeanor.
   3-25        (d)  This section provides the exclusive manner of arrest
   3-26  without warrant of a person for a violation of an ordinance to
   3-27  which this section applies.  This section does not apply to any
    4-1  other ordinance.
    4-2        SECTION 2.  This Act takes effect September 1, 1993.
    4-3        SECTION 3.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended.