1-1 AN ACT
1-2 relating to the use of neighborhood associations in the enforcement
1-3 of certain municipal health and safety ordinances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 54, Local Government Code,
1-6 is amended by adding Section 54.020 to read as follows:
1-7 Sec. 54.020. USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT
1-8 OF CERTAIN ORDINANCES. (a) In this section, "neighborhood
1-9 association" means an association that is dedicated to the
1-10 improvement or upkeep of a defined residential area and that is
1-11 registered by the municipality.
1-12 (b) A municipality may institute a program to use volunteers
1-13 from a neighborhood association to help enforce certain municipal
1-14 health and safety ordinances in the association's neighborhood.
1-15 The health and safety ordinances included in the program may only
1-16 be those for which a violation can be observed without entering the
1-17 property at which the violation occurs and may not include any
1-18 health or safety ordinance that relates to the National Electrical
1-19 Safety Code (NESC) or to the operations of a utility.
1-20 (c) The municipality shall establish a training program for
1-21 the volunteers. The training must include instruction on:
1-22 (1) which ordinances are covered by the volunteer
1-23 enforcement program; and
1-24 (2) whether and how a volunteer should inform a
2-1 property owner or resident of an alleged violation.
2-2 (d) A person trained under Subsection (c) who observes a
2-3 suspected violation of an ordinance covered by the program may
2-4 inform:
2-5 (1) the owner of the property and a person residing on
2-6 the property at which the alleged violation occurs; or
2-7 (2) the appropriate agency of the municipality.
2-8 (e) A person trained under Subsection (c):
2-9 (1) is not a peace officer;
2-10 (2) has no authority other than the authority
2-11 applicable to a citizen to enforce a law other than this section;
2-12 and
2-13 (3) may not carry a weapon while performing activities
2-14 under this section.
2-15 (f) A municipality by ordinance may provide that the notice
2-16 of violation served on the owner and a person residing on the
2-17 property under Subsection (d) is considered the first warning of a
2-18 violation of a municipal ordinance.
2-19 (g) A person trained under Subsection (c) is not entitled
2-20 to:
2-21 (1) compensation for performing activities under this
2-22 section; or
2-23 (2) indemnification from the municipality or the state
2-24 for:
2-25 (A) injury or property damage the person
2-26 sustains in performing duties under this section; or
2-27 (B) liability the person incurs in performing
3-1 duties under this section.
3-2 (h) The municipality and the state are not liable for any
3-3 damage arising from an act or omission of a person trained under
3-4 Subsection (c) in performing activities under this section.
3-5 (i) A person trained under Subsection (c) who under this
3-6 section makes more than one complaint to the municipality of a
3-7 violation of an ordinance against the same owner of property is
3-8 liable to the owner if a court determines the person acted in bad
3-9 faith in making the complaints.
3-10 (j) For purposes of Subsection (i):
3-11 (1) liability is limited to all attorney's fees and
3-12 reasonable costs incurred by the owner in establishing to the
3-13 satisfaction of the municipality that no violation occurred; and
3-14 (2) it is a rebuttable presumption that the person
3-15 acted in bad faith if the municipality has found three or more
3-16 complaints brought by the person during a six-month period to be
3-17 invalid.
3-18 SECTION 2. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 247 was passed by the House on April
23, 1999, by the following vote: Yeas 141, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 247 on May 28, 1999, by the following vote: Yeas 134, Nays 4,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 247 was passed by the Senate, with
amendments, on May 26, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor