By Maxey                                         H.B. No. 459

      75R2922 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to penalties for violation of certain nuisance and

 1-3     sanitation laws.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 341.091, Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           Sec. 341.091.  CRIMINAL PENALTY.  (a)  A person commits an

 1-8     offense if the person violates this chapter or a rule adopted under

 1-9     this chapter.

1-10           (b)  Except as provided by Subsection (c), an [An] offense

1-11     under this section is a misdemeanor punishable by a fine of not

1-12     less than $100 [$10 or more than $200].

1-13           (c)  An offense under this section is a Class B misdemeanor

1-14     if [(b)  If] it is shown on the trial of the defendant that the

1-15     defendant has been convicted of an offense under this chapter

1-16     within a year before the date on which the offense being tried

1-17     occurred[, the defendant shall be punished by a fine of not less

1-18     than $10 or more than $1,000, confinement in jail for not more than

1-19     30 days, or both].

1-20           (d) [(c)]  Each day of a continuing violation is a separate

1-21     offense.

1-22           SECTION 2.  Sections 343.012(b) and (c), Health and Safety

1-23     Code, are amended to read as follows:

1-24           (b)  Except as provided by Subsection (c), an [An] offense

 2-1     under this section is a misdemeanor punishable by a fine of not

 2-2     less than $100 [$50 or more than $200].

 2-3           (c)  An offense under this section is a Class B misdemeanor

 2-4     if [If] it is shown on the trial of the defendant that the

 2-5     defendant has been previously convicted of an offense under this

 2-6     section[, the defendant is punishable by a fine of not less than

 2-7     $200 or more than $1,000, confinement in jail for not more than six

 2-8     months, or both].

 2-9           SECTION 3.  This Act takes effect September 1, 1997.

2-10           SECTION 4.  (a)  The change in law made by this Act applies

2-11     only to the punishment for an offense committed on or after the

2-12     effective date of this Act.  For purposes of this section, an

2-13     offense is committed before the effective date of this Act if any

2-14     element of the offense occurs before that date.

2-15           (b)  The punishment for an offense committed before the

2-16     effective date of this Act is covered by the law in effect when the

2-17     offense was committed, and the former law is continued in effect

2-18     for that purpose.

2-19           SECTION 5.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended.