By:  Wentworth                                        S.B. No. 1560

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the appointment of citizens by a political subdivision

 1-2     to assist in the enforcement of the Texas Litter Abatement Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 365, Health and Safety

 1-5     Code, is amended by adding Section 365.0121 to read as follows:

 1-6           Sec. 365.0121.  ENFORCEMENT BY CERTAIN APPOINTED PERSONS.

 1-7     (a)  A political subdivision may appoint a person to have authority

 1-8     to file a charge against a person who commits an offense under

 1-9     Section 365.012.

1-10           (b)  A person appointed under this section must:

1-11                 (1)  be a United States citizen of good moral character

1-12     who has not been convicted of a felony;

1-13                 (2)  take and subscribe to an oath of office that the

1-14     political subdivision prescribes; and

1-15                 (3)  successfully complete a training program developed

1-16     by the political subdivision.

1-17           (c)  A person appointed under this section:

1-18                 (1)  is not a peace officer;

1-19                 (2)  has no authority other than the authority

1-20     applicable to a citizen to enforce a law other than Section

1-21     365.012; and

1-22                 (3)  may not carry a weapon while performing duties

1-23     under this section.

 2-1           (d)  A person appointed under this section is not entitled to

 2-2     compensation for performing duties under this section or to

 2-3     indemnification from the political subdivision or the state for

 2-4     injury or property damage the person sustains or liability the

 2-5     person incurs in performing duties under this section.

 2-6           (e)  The political subdivision and the state are not liable

 2-7     for any damage arising from an act or omission of a person

 2-8     appointed under Subsection (a) in performing duties under this

 2-9     section.

2-10           SECTION 2.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.