1-1 By: Wentworth S.B. No. 1560 1-2 (In the Senate - Filed March 14, 1997; March 20, 1997, read 1-3 first time and referred to Committee on State Affairs; May 9, 1997, 1-4 reported favorably, as amended, by the following vote: Yeas 12, 1-5 Nays 0; May 9, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay 1-7 Amend S.B. No. 1560 in Section 1 of the bill as follows: 1-8 (1) In added Section 365.0121(a), Health and Safety Code 1-9 (page 1, lines 24 and 25, introduced version), strike "by disposing 1-10 of household waste by placing the waste at a roadside park". 1-11 (2) In added Section 365.0121, Health and Safety Code (page 1-12 1, lines 49 and 50, introduced version), strike Subsection (f). 1-13 A BILL TO BE ENTITLED 1-14 AN ACT 1-15 relating to the appointment of citizens by a political subdivision 1-16 to assist in the enforcement of the Texas Litter Abatement Act. 1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-18 SECTION 1. Subchapter B, Chapter 365, Health and Safety 1-19 Code, is amended by adding Section 365.0121 to read as follows: 1-20 Sec. 365.0121. ENFORCEMENT BY CERTAIN APPOINTED PERSONS. 1-21 (a) A political subdivision may appoint a person to have authority 1-22 to file a charge against a person who commits an offense under 1-23 Section 365.012 by disposing of household waste by placing the 1-24 waste at a roadside park. 1-25 (b) A person appointed under this section must: 1-26 (1) be a United States citizen of good moral character 1-27 who has not been convicted of a felony; 1-28 (2) take and subscribe to an oath of office that the 1-29 political subdivision prescribes; and 1-30 (3) successfully complete a training program developed 1-31 by the political subdivision. 1-32 (c) A person appointed under this section: 1-33 (1) is not a peace officer; 1-34 (2) has no authority other than the authority 1-35 applicable to a citizen to enforce a law other than Section 1-36 365.012; and 1-37 (3) may not carry a weapon while performing duties 1-38 under this section. 1-39 (d) A person appointed under this section is not entitled to 1-40 compensation for performing duties under this section or to 1-41 indemnification from the political subdivision or the state for 1-42 injury or property damage the person sustains or liability the 1-43 person incurs in performing duties under this section. 1-44 (e) The political subdivision and the state are not liable 1-45 for any damage arising from an act or omission of a person 1-46 appointed under Subsection (a) in performing duties under this 1-47 section. 1-48 (f) In this section, "roadside park" has the meaning 1-49 assigned by Section 392.002, Transportation Code. 1-50 SECTION 2. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended, 1-55 and that this Act take effect and be in force from and after its 1-56 passage, and it is so enacted. 1-57 * * * * *