HBA-MPA H.B. 3191 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3191
By: Moreno, Joe
County Affairs
4/28/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, counties are authorized to regulate the use of county parks.
However, the statutes contain no provisions for enforcement of these rules.
H.B. 3191 supplies the enforcement mechanism for county regulation of parks
by making violation of a county park rule a Class C misdemeanor. 

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 320.045, Local Government Code, by amending the
heading, creating Subsection (a) from existing text, and adding Subsection
(b), as follows: 

Sec. 320.045.  New title: RULES; PENALTY FOR VIOLATIONS.  (a) Created from
existing text. 

(b) Provides that a person commits a Class C misdemeanor if the person
violates a rule adopted by a board of park commissioners concerning the use
of a park. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1

Amends Section 320.045(b), Local Government Code, to provide that a person
commits a Class C misdemeanor if the person violates a rule approved by the
commissioners court concerning the use of a park. 

Amends Section 320.045, Local Government Code, by adding Subsection (c), to
require fines collected under Subsection (b) to be deposited in the
county's general fund.