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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