By Puente                                       H.B. No. 1138

      75R4975 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of neighborhood associations in the enforcement

 1-3     of certain municipal health and safety ordinances.

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

 1-5           SECTION 1.  Subchapter B, Chapter 54, Local Government Code,

 1-6     is amended by adding Section 54.020 to read as follows:

 1-7           Sec. 54.020.  USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT

 1-8     OF CERTAIN ORDINANCES.  (a)  In this section, "neighborhood

 1-9     association" means an association that is dedicated to the

1-10     improvement or upkeep of a defined residential area and that is

1-11     registered by the municipality.

1-12           (b)  A municipality may institute a program to use volunteers

1-13     from a neighborhood association to help enforce municipal health

1-14     and safety ordinances in the association's neighborhood.  The

1-15     health and safety ordinances included in the program may only be

1-16     those for which a violation can be observed without entering the

1-17     property at which the  violation occurs.

1-18           (c)  The municipality shall establish a training program for

1-19     the volunteers.  The training must include instruction on:

1-20                 (1)  which ordinances are covered by the volunteer

1-21     enforcement program; and

1-22                 (2)  whether and how  a volunteer should inform a

1-23     property owner or resident of an alleged violation.

1-24           (d)  A person trained under Subsection (c) who observes a

 2-1     suspected violation of an ordinance covered by the program may

 2-2     inform:

 2-3                 (1)  the owner of, or a person residing on, the

 2-4     property at which the alleged violation occurs; or

 2-5                 (2)  the appropriate agency of the municipality.

 2-6           (e)  A person trained under Subsection (c):

 2-7                 (1)  is not a peace officer;

 2-8                 (2)  has no authority other than the authority

 2-9     applicable to a citizen to enforce a law other than this section;

2-10     and

2-11                 (3)  may not carry a weapon while performing activities

2-12     under this section.

2-13           (f)  A municipality by ordinance may provide that the notice

2-14     of violation served on the owner or a person residing on the

2-15     property under Subsection (d) is considered the first warning of a

2-16     violation of a municipal ordinance.

2-17           (g)  A person trained under Subsection (c) is not entitled

2-18     to:

2-19                 (1)  compensation for performing activities under this

2-20     section; or

2-21                 (2)  indemnification from the municipality or the state

2-22     for:

2-23                       (A)  injury or property damage the person

2-24     sustains in performing duties under this section;  or

2-25                       (B)  liability the person incurs in performing

2-26     duties under this section.

2-27           (h)  The municipality and the state are not liable for any

 3-1     damage arising from an act or omission of a person trained under

 3-2     Subsection (c) in performing activities under this section.

 3-3           SECTION 2.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended,

 3-8     and that this Act take effect and be in force from and after its

 3-9     passage, and it is so enacted.