SRC-DBM, JBJ H.B. 247 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 247
By: Puente (Wentworth)
Intergovernmental Relations
5/10/1999
Engrossed


DIGEST 

Currently, the only recourse citizens can take when safety and health code
ordinances are violated in their neighborhoods is to contact their city's
Code Compliance Department; city officials can take a significant amount of
time to respond to a complaint.  H.B. 247 would set forth provisions
regarding the use of neighborhood associations in the enforcement of
certain municipal health and safety ordinances. 

PURPOSE

As proposed, H.B. 247 sets forth provisions regarding the use of
neighborhood associations in the enforcement of certain municipal health
and safety ordinances. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54B, Local Government Code, by adding Section
54.020, as follows: 

Sec. 54.020.  USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT OF CERTAIN
ORDINANCES.  Defines "neighborhood association."  Authorizes a municipality
to institute a program to use volunteers from a neighborhood association to
help enforce certain municipal health and safety ordinances in the
association's neighborhood.  Authorizes the health and safety ordinances
included in the program to only be those for which a violation can be
observed without entering the property at which the violation occurs and
may not include any health or safety ordinance that relates to the National
Electric Safety Code (NESC) or to the operations of a utility.  Requires a
municipality to establish a training program for the volunteers.  Sets
forth the required instruction material.  Authorizes a person trained under
Subsection (c) who observes a suspected violation of an ordinance covered
by the program to inform certain people or entities.  Sets forth
limitations of a person trained under Subsection (c). Authorizes a
municipality by ordinance to provide that a notice of violation served on
an owner or person residing on the property under Subsection (d) is
considered to be the first warning of a violation of a municipal ordinance.
Sets forth certain liberties to which a person trained under Subsection (c)
is not entitled. 

SECTION 2.Emergency clause.
  Effective date: upon passage.