SRC-MAX H.B. 1138 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1138
By: Puente (Gallegos)
Intergovernmental Relations
5-5-97
Engrossed


DIGEST 

Currently, the only recourse citizens can take when municipal safety and
health ordinances are violated in their neighborhoods is to contact their
city's Code Compliance Department.  This bill provides a municipality the
power to use volunteers from a neighborhood association (association) to
help enforce municipal ordinances that concern health and safety in the
association's neighborhood.  

PURPOSE

As proposed, H.B. 1138 sets forth provisions regarding the use of
neighborhood associations in the enforcement of certain municipal health
and safety ordinances. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54B, Local Government Code, by adding Section
54.020, as follows: 

Sec.  54.020.  USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT OF CERTAIN
ORDINANCES.  Defines "neighborhood association."  Authorizes a
municipality to institute a program to use volunteers from a neighborhood
association (association) to help enforce certain municipal ordinances
that concern health and safety in the association's neighborhood.
Authorizes the health and safety ordinances included in the program to be
only those for which a violation can be observed without entering the
property at which the violation occurs.  Requires the municipality to
establish a training program for volunteers that includes certain methods
of instruction.  Authorizes a person trained under Subsection (c)  who
observes a suspected violation of an ordinance covered by the program to
inform certain people or agencies.  Provides that a person trained under
Subsection (c) is prohibited from acting in a certain capacity.
Authorizes a municipality by ordinance to provide that the notice of
violation served on the suspected violator is considered the first warning
of a violation of a municipal ordinance.  Provides that a person trained
under Subsection (c) is not entitled to certain compensation or
indemnification.  Provides that the municipality and the state are not
liable for any damages that result under this section.  Requires the
volunteer to be held liable under certain conditions.           

SECTION 2. Emergency clause.
  Effective date:  upon passage.