By Maxey H.B. No. 459
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 [
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
1-22 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.