By: Barrientos S.B. No. 883
73R5930 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement by a municipality of water and air quality
1-3 standards; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Local Government Code, is amended by
1-6 amending Sections 54.012 and 54.013 and adding Section 54.020 to
1-7 read as follows:
1-8 Sec. 54.012. Civil Action. A municipality may bring a civil
1-9 action for the enforcement of an ordinance:
1-10 (1) for the preservation of public safety, relating to
1-11 the materials or methods used to construct a building or other
1-12 structure or improvement, including the foundation, structural
1-13 elements, electrical wiring or apparatus, plumbing and fixtures,
1-14 entrances, or exits;
1-15 (2) relating to the preservation of public health or
1-16 to the fire safety of a building or other structure or improvement,
1-17 including provisions relating to materials, types of construction
1-18 or design, interior configuration, illumination, warning devices,
1-19 sprinklers or other fire suppression devices, availability of water
1-20 supply for extinguishing fires, or location, design, or width of
1-21 entrances or exits;
1-22 (3) for zoning that provides for the use of land or
1-23 classifies a parcel of land according to the municipality's
1-24 district classification scheme;
2-1 (4) establishing criteria for land subdivision or
2-2 construction of buildings, including provisions relating to street
2-3 width and design, lot size, building width or elevation, setback
2-4 requirements, or utility service specifications or requirements;
2-5 (5) implementing civil penalties under this subchapter
2-6 for conduct classified by statute as a Class C misdemeanor;
2-7 (6) relating to dangerously damaged or deteriorated
2-8 structures or improvements;
2-9 (7) relating to conditions caused by accumulations of
2-10 refuse, vegetation, or other matter that creates breeding and
2-11 living places for insects and rodents; <or>
2-12 (8) relating to the interior configuration, design,
2-13 illumination, or visibility of business premises exhibiting for
2-14 viewing by customers while on the premises live or mechanically or
2-15 electronically displayed entertainment intended to provide sexual
2-16 stimulation or sexual gratification;
2-17 (9) relating to preservation of water quality as
2-18 provided by Section 26.177, Water Code; or
2-19 (10) relating to the preservation of air quality as
2-20 provided by Section 382.113, Health and Safety Code.
2-21 Sec. 54.013. Jurisdiction; Venue. (a) Except as provided
2-22 by Subsection (b), jurisdiction <Jurisdiction> and venue of an
2-23 action under this subchapter are in the district court or the
2-24 county court at law of the county in which the municipality
2-25 bringing the action is located.
2-26 (b) Jurisdiction and venue for a criminal action brought by
2-27 a municipality to enforce an ordinance to which Section 54.020
3-1 applies are in the municipal court of the municipality bringing the
3-2 action or another court of competent jurisdiction.
3-3 Sec. 54.020. CRIMINAL ORDINANCE TO ENFORCE WATER OR AIR
3-4 QUALITY STANDARDS. (a) A municipality may adopt a criminal
3-5 ordinance as provided by Section 54.001 to carry out its authority
3-6 under Section 26.177, Water Code, or Section 382.113, Health and
3-7 Safety Code.
3-8 (b) On arrest of a person for a violation of an ordinance to
3-9 which this section applies, the arresting officer shall prepare and
3-10 deliver to the person a written notice to appear in court. The
3-11 notice must include the person's name and address, a statement of
3-12 the offense charged, the time and place that the person must appear
3-13 in court, and a notice that by signing the notice the person
3-14 promises to appear at that time and place. On signing the notice,
3-15 the person shall be released.
3-16 (c) A person who fails to appear at the time and place
3-17 stated in the notice signed by the person commits an offense. An
3-18 offense under this subsection is a Class C misdemeanor.
3-19 (d) This section provides the exclusive manner of arrest
3-20 without warrant of a person for a violation of an ordinance to
3-21 which this section applies. This section does not apply to any
3-22 other ordinance.
3-23 SECTION 2. This Act takes effect September 1, 1993.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.