1-1 By: Barrientos S.B. No. 883
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 2; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 883 By: Barrientos
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to enforcement by a municipality of water and air quality
1-24 standards; providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 54, Local Government Code, is amended by
1-27 amending Sections 54.012 and 54.013 and adding Section 54.020 to
1-28 read as follows:
1-29 Sec. 54.012. Civil Action. A municipality may bring a civil
1-30 action for the enforcement of an ordinance:
1-31 (1) for the preservation of public safety, relating to
1-32 the materials or methods used to construct a building or other
1-33 structure or improvement, including the foundation, structural
1-34 elements, electrical wiring or apparatus, plumbing and fixtures,
1-35 entrances, or exits;
1-36 (2) relating to the preservation of public health or
1-37 to the fire safety of a building or other structure or improvement,
1-38 including provisions relating to materials, types of construction
1-39 or design, interior configuration, illumination, warning devices,
1-40 sprinklers or other fire suppression devices, availability of water
1-41 supply for extinguishing fires, or location, design, or width of
1-42 entrances or exits;
1-43 (3) for zoning that provides for the use of land or
1-44 classifies a parcel of land according to the municipality's
1-45 district classification scheme;
1-46 (4) establishing criteria for land subdivision or
1-47 construction of buildings, including provisions relating to street
1-48 width and design, lot size, building width or elevation, setback
1-49 requirements, or utility service specifications or requirements;
1-50 (5) implementing civil penalties under this subchapter
1-51 for conduct classified by statute as a Class C misdemeanor;
1-52 (6) relating to dangerously damaged or deteriorated
1-53 structures or improvements;
1-54 (7) relating to conditions caused by accumulations of
1-55 refuse, vegetation, or other matter that creates breeding and
1-56 living places for insects and rodents; <or>
1-57 (8) relating to the interior configuration, design,
1-58 illumination, or visibility of business premises exhibiting for
1-59 viewing by customers while on the premises live or mechanically or
1-60 electronically displayed entertainment intended to provide sexual
1-61 stimulation or sexual gratification;
1-62 (9) relating to preservation of water quality as
1-63 provided by Section 26.177, Water Code; or
1-64 (10) relating to the preservation of air quality as
1-65 provided by Section 382.113, Health and Safety Code.
1-66 Sec. 54.013. Jurisdiction; Venue. (a) Except as provided
1-67 by Subsection (b), jurisdiction <Jurisdiction> and venue of an
1-68 action under this subchapter are in the district court or the
2-1 county court at law of the county in which the municipality
2-2 bringing the action is located.
2-3 (b) Jurisdiction and venue for a criminal action brought by
2-4 a municipality to enforce an ordinance to which Section 54.020
2-5 applies are in the municipal court of the municipality bringing the
2-6 action or another court of competent jurisdiction.
2-7 Sec. 54.020. CRIMINAL ORDINANCE TO ENFORCE WATER OR AIR
2-8 QUALITY STANDARDS. (a) A municipality may adopt a criminal
2-9 ordinance as provided by Section 54.001 to carry out its authority
2-10 under Section 26.177, Water Code, or Section 382.113, Health and
2-11 Safety Code.
2-12 (b) On arrest of a person for a violation of an ordinance to
2-13 which this section applies, the arresting officer shall prepare and
2-14 deliver to the person a written notice to appear in court. The
2-15 notice must include the person's name and address, a statement of
2-16 the offense charged, the time and place that the person must appear
2-17 in court, and a notice that by signing the notice the person
2-18 promises to appear at that time and place. On signing the notice,
2-19 the person shall be released. This subsection applies where there
2-20 is no municipal development permit issued for the subject activity.
2-21 (c) A person who fails to appear at the time and place
2-22 stated in the notice signed by the person commits an offense. An
2-23 offense under this subsection is a Class C misdemeanor.
2-24 (d) This section provides the exclusive manner of arrest
2-25 without warrant of a person for a violation of an ordinance to
2-26 which this section applies. This section does not apply to any
2-27 other ordinance.
2-28 SECTION 2. This Act takes effect September 1, 1993.
2-29 SECTION 3. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended.
2-34 * * * * *
2-35 Austin,
2-36 Texas
2-37 April 27, 1993
2-38 Hon. Bob Bullock
2-39 President of the Senate
2-40 Sir:
2-41 We, your Committee on Natural Resources to which was referred S.B.
2-42 No. 883, have had the same under consideration, and I am instructed
2-43 to report it back to the Senate with the recommendation that it do
2-44 not pass, but that the Committee Substitute adopted in lieu thereof
2-45 do pass and be printed.
2-46 Sims,
2-47 Chairman
2-48 * * * * *
2-49 WITNESSES
2-50 FOR AGAINST ON
2-51 ___________________________________________________________________
2-52 Name: Roger Dale Duncan x
2-53 Representing: City of Austin
2-54 City: Austin
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