1-1 By: Puente (Senate Sponsor - Wentworth) H.B. No. 247 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 14, 1999, reported favorably by 1-5 the following vote: Yeas 4, Nays 0; May 14, 1999, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the use of neighborhood associations in the enforcement 1-10 of certain municipal health and safety ordinances. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 54, Local Government Code, 1-13 is amended by adding Section 54.020 to read as follows: 1-14 Sec. 54.020. USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT 1-15 OF CERTAIN ORDINANCES. (a) In this section, "neighborhood 1-16 association" means an association that is dedicated to the 1-17 improvement or upkeep of a defined residential area and that is 1-18 registered by the municipality. 1-19 (b) A municipality may institute a program to use volunteers 1-20 from a neighborhood association to help enforce certain municipal 1-21 health and safety ordinances in the association's neighborhood. 1-22 The health and safety ordinances included in the program may only 1-23 be those for which a violation can be observed without entering the 1-24 property at which the violation occurs and may not include any 1-25 health or safety ordinance that relates to the National Electrical 1-26 Safety Code (NESC) or to the operations of a utility. 1-27 (c) The municipality shall establish a training program for 1-28 the volunteers. The training must include instruction on: 1-29 (1) which ordinances are covered by the volunteer 1-30 enforcement program; and 1-31 (2) whether and how a volunteer should inform a 1-32 property owner or resident of an alleged violation. 1-33 (d) A person trained under Subsection (c) who observes a 1-34 suspected violation of an ordinance covered by the program may 1-35 inform: 1-36 (1) the owner of, or a person residing on, the 1-37 property at which the alleged violation occurs; or 1-38 (2) the appropriate agency of the municipality. 1-39 (e) A person trained under Subsection (c): 1-40 (1) is not a peace officer; 1-41 (2) has no authority other than the authority 1-42 applicable to a citizen to enforce a law other than this section; 1-43 and 1-44 (3) may not carry a weapon while performing activities 1-45 under this section. 1-46 (f) A municipality by ordinance may provide that the notice 1-47 of violation served on the owner or a person residing on the 1-48 property under Subsection (d) is considered the first warning of a 1-49 violation of a municipal ordinance. 1-50 (g) A person trained under Subsection (c) is not entitled 1-51 to: 1-52 (1) compensation for performing activities under this 1-53 section; or 1-54 (2) indemnification from the municipality or the state 1-55 for: 1-56 (A) injury or property damage the person 1-57 sustains in performing duties under this section; or 1-58 (B) liability the person incurs in performing 1-59 duties under this section. 1-60 (h) The municipality and the state are not liable for any 1-61 damage arising from an act or omission of a person trained under 1-62 Subsection (c) in performing activities under this section. 1-63 (i) A person trained under Subsection (c) who under this 1-64 section makes more than one complaint to the municipality of a 2-1 violation of an ordinance against the same owner of property is 2-2 liable to the owner if a court determines the person acted in bad 2-3 faith in making the complaints. 2-4 (j) For purposes of Subsection (i): 2-5 (1) liability is limited to all attorney's fees and 2-6 reasonable costs incurred by the owner in establishing to the 2-7 satisfaction of the municipality that no violation occurred; and 2-8 (2) it is a rebuttable presumption that the person 2-9 acted in bad faith if the municipality has found three or more 2-10 complaints brought by the person during a six-month period to be 2-11 invalid. 2-12 SECTION 2. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted. 2-19 * * * * *