HBA-DMD, MPA H.B. 2265 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2265
By: Hamric
County Affairs
7/27/1999
Enrolled
BACKGROUND AND PURPOSE 

The Harris County Road Law (Law) was originally passed in 1913.  H.B. 2265
updates the provisions of the law to conform to practices under the
Government Code and the Local Government Code.  This bill gives the county
authority to seek a civil penalty for a person who violates the law, and
relieves the county of the requirement to publish notice of any rules
adopted under the law in a general circulation newspaper.  This bill also
deletes provisions regarding subcontractor's claims and setting the
compensation of the county judge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1-A, Chapter 17, Special Laws, Acts of the 33rd
Legislature, Regular Session, 1913, as added by Chapter 801, Acts of the
68th Legislature, Regular Session, 1983, to authorize the commissioners
court of Harris County to prohibit the discharge of sewage and municipal,
recreational, or industrial waste into drainage ditches of county roads
which is not discharged in accordance with the Texas Natural Resource
Conservation Commission, rather than Department of Water Resources. 

SECTION 2.  Amends Section 2, Chapter 17, Special Laws, Acts of the 33rd
Legislature, Regular Session, 1913, as amended by Section 2, Chapter 801,
Acts of the 68th Legislature, Regular Session, 1983, to authorize a county
to institute a civil suit in district court against a person who violates a
rule or regulation under this section.  Authorizes the court, on finding a
violation of or a threat to violate the rule or regulation, to grant
injunctive relief to restrain the person from engaging in or continuing the
violation, impose a civil penalty of not more than $200 payable to the
county, or both. Makes conforming and nonsubstantive changes. 

SECTION 3.  Amends Section 3, Chapter 17, Special Laws, Acts of the 33rd
Legislature, Regular Session, 1913, to delete text requiring publication of
rules or regulations adopted in connection with the construction of
maintenance of the roads, bridges, and drains of Harris County; and makes a
nonsubstantive change. 

SECTION 4.  Amends Section 32, Chapter 17, Special Laws, Acts of the 33rd
Legislature, Regular Session, 1913, to delete a restriction on the county
judge's annual ex officio compensation to no more than $3,000, and to make
conforming and nonsubstantive changes. 

SECTION 5. Repealer: (1) Section 5-a, Chapter 17, Special Laws, Acts of the
33rd Legislature, Regular Session, 1913, as added by Chapter 205, Acts of
the 50th Legislature, Regular Session, 1947; and 

(2) Section 28-b, Chapter 17, Special Laws, Acts of the 33rd Legislature,
Regular Session, 1913, as added by Chapter 15, Special Laws, Acts of the
42nd Legislature, Regular Session, 1931. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.