By Cuellar                                      H.B. No. 1423

      75R6533 MRB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of certain constables to enforce

 1-3     environmental laws affecting the Rio Grande.

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

 1-5           SECTION 1.  Chapter 86, Local Government Code, is amended by

 1-6     adding Subchapter D to read as follows:

 1-7                SUBCHAPTER D.  POWERS AND DUTIES RELATING TO

 1-8                   ENVIRONMENTAL PROTECTION OF RIO GRANDE

 1-9           Sec. 86.041.  LEGISLATIVE FINDING.  The legislature finds

1-10     that ensuring a high standard of water quality for the Rio Grande

1-11     is a matter of concern to the entire state.

1-12           Sec. 86.042.  COUNTY SUBJECT TO SUBCHAPTER.  This subchapter

1-13     applies only to a county:

1-14                 (1)  that borders the Rio Grande; and

1-15                 (2)  in which the commissioners court determines by

1-16     order that the public health, safety, and welfare require that the

1-17     powers and duties prescribed by this subchapter be given to

1-18     constables of the county.

1-19           Sec. 86.043.  AUTHORITY TO ISSUE CITATION.  (a)  The

1-20     authority given to a constable by this section applies only to

1-21     conduct that:

1-22                 (1)  affects the Rio Grande; and

1-23                 (2)  occurs in the unincorporated area in the

1-24     constable's precinct.

 2-1           (b)  A constable may issue a citation to enforce a

 2-2     misdemeanor offense prescribed by an order of the commissioners

 2-3     court or a state law relating to:

 2-4                 (1)  preventing water pollution;

 2-5                 (2)  otherwise preserving the physical, thermal,

 2-6     chemical, or biological quality of water; or

 2-7                 (3)  promoting the public enjoyment of, or guaranteeing

 2-8     the usefulness to the public of, a body of water.

 2-9           (c)  To issue a citation, the constable must have probable

2-10     cause to believe that a violation of the county order or state law

2-11     has occurred.

2-12           Sec. 86.044.  CONTENTS OF CITATION.  A citation must state:

2-13                 (1)  the name of the person cited;

2-14                 (2)  the date, time, location, and nature of the

2-15     violation; and

2-16                 (3)  the time and place the person is required to

2-17     appear in court.

2-18           Sec. 86.045.  FAILURE TO RESPOND TO CITATION.  If a person

2-19     receiving a citation fails to appear on the return date of the

2-20     citation, the court may issue a warrant for the person's arrest for

2-21     the violation described in the citation.

2-22           Sec. 86.046.  PATROL.  A constable may patrol the

2-23     unincorporated area in the constable's precinct near the Rio Grande

2-24     to check for compliance with a county order or state law described

2-25     by Section 86.043.

2-26           Sec. 86.047.  INFORMATION GIVEN TO STATE AUTHORITY.  A

2-27     constable issuing a citation may file with an appropriate state

 3-1     authority, including the Texas Water Commission and the attorney

 3-2     general, information about the violation if the constable considers

 3-3     the violation to be within the jurisdiction of the state authority.

 3-4           SECTION 2.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended,

 3-9     and that this Act take effect and be in force from and after its

3-10     passage, and it is so enacted.