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.

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