1-1 AN ACT
1-2 relating to the Harris County Road Law; providing a civil penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1-A, Chapter 17, Special Laws, Acts of
1-5 the 33rd Legislature, Regular Session, 1913, as added by Chapter
1-6 801, Acts of the 68th Legislature, Regular Session, 1983, is
1-7 amended to read as follows:
1-8 Sec. 1-A. The Commissioners' Court of Harris County may
1-9 prohibit the discharge of sewage and municipal, recreational,
1-10 agricultural, or industrial waste into drainage ditches in the
1-11 rights-of-way of county roads when such waste is not being
1-12 discharged in accordance with a permit issued by the Texas Natural
1-13 Resource Conservation Commission [Department of Water Resources].
1-14 The court may adopt rules to administer this section.
1-15 SECTION 2. Section 2, Chapter 17, Special Laws, Acts of the
1-16 33rd Legislature, Regular Session, 1913, as amended by Section 2,
1-17 Chapter 801, Acts of the 68th Legislature, Regular Session, 1983,
1-18 is amended to read as follows:
1-19 Sec. 2. (a) Subject to the provisions of this Act, the
1-20 Commissioners' Court of Harris County shall have the power and
1-21 right to adopt such rules and regulations for:
1-22 (1) the proper construction and maintenance of its
1-23 roads, bridges, and drainage as it may see proper;
1-24 (2) the construction and maintenance of driveways,
2-1 culverts, bridges, and other structures within the county road
2-2 right-of-way to provide access to and from the traveled portion of
2-3 the road to property adjoining such road which may include [but
2-4 shall not be limited to] the following:
2-5 (A) [(a)] to require any individual or entity to
2-6 give notice to Harris County prior to the placement, removal, or
2-7 relocation of driveways, culverts, bridges, and other structures
2-8 within the county road right-of-way; or
2-9 (B) [(b)] to set requirements for the size,
2-10 type, and location of such driveways, culverts, bridges, and other
2-11 structures within the county road right-of-way;
2-12 (3) the laying, constructing, maintaining, and
2-13 repairing of pipelines, lines, mains, cables, or other public
2-14 utility facilities in, under, along, across, or [and/or] over the
2-15 county road right-of-way by any individual or entity authorized to
2-16 do so by law, which may include [but shall not be limited to] the
2-17 following:
2-18 (A) [(a)] to require notice to Harris County
2-19 prior to the laying, constructing, maintaining, or repair of said
2-20 pipelines, lines, mains, cables, or other public utility facilities
2-21 within the county road right-of-way; or
2-22 (B) [(b)] to set minimum requirements and
2-23 conditions for such laying, constructing, maintaining, and
2-24 repairing of such pipelines, lines, mains, cables, or other public
2-25 utility facilities in, under, across, or [and/or] along such county
2-26 road right-of-way;
2-27 (4) the drainage of land into a road, road
3-1 right-of-way, or appurtenant drainage facility; and
3-2 (5) the collection of reasonable fees set by the
3-3 Commissioners' Court from any person or entity required by such
3-4 rules and regulations to give notice to Harris County.
3-5 (b) Fees collected under Subsection (a)(5) of this section
3-6 may [Such fees shall] be used only to defray the expense of
3-7 administration of such rules and regulations promulgated by the
3-8 Commissioners' Court.
3-9 (c) The Commissioners' Court shall further have the power
3-10 [from time to time] to add to, alter, repeal, or amend said rules
3-11 and regulations.
3-12 (d) Any person who shall violate any provisions of any rules
3-13 or regulations adopted by Commissioners' Court pursuant to this
3-14 section shall be guilty of a Class C misdemeanor [and shall upon
3-15 conviction be punished by a fine not to exceed Two Hundred Dollars
3-16 ($200.00)].
3-17 (e) A county may institute a civil suit in district court
3-18 against a person who violates a rule or regulation adopted by the
3-19 commissioners court under this section. On a finding that the
3-20 person has violated, is violating, or is threatening to violate the
3-21 rule or regulation, the court may:
3-22 (1) grant injunctive relief to restrain the person
3-23 from engaging in or continuing the violation;
3-24 (2) impose a civil penalty payable to the county of
3-25 not more than $200; or
3-26 (3) grant the injunctive relief and impose the civil
3-27 penalty.
4-1 (f) When [Provided, that at any meeting when] such rules and
4-2 regulations are adopted, amended, or repealed, there shall be
4-3 present at least three commissioners and the county judge. If
4-4 [Provided, however, if] two of the commissioners are absent from a
4-5 [shall fail or refuse to attend any] regular weekly meeting of the
4-6 Commissioners' Court for as long as two days in succession, then
4-7 upon the third day the Commissioners' Court may, two commissioners
4-8 and the county judge being present, [proceed to] act on any matter
4-9 covered by this section[, in like manner] as if three members and
4-10 the county judge were present[, as hereinbefore provided].
4-11 SECTION 3. Section 3, Chapter 17, Special Laws, Acts of the
4-12 33rd Legislature, Regular Session, 1913, is amended to read as
4-13 follows:
4-14 Sec. 3. Whenever any rules, regulations or course of
4-15 procedure in connection with the construction or maintenance of the
4-16 roads, bridges, and drains of Harris county have been adopted, they
4-17 shall thereupon be reduced to writing, approved by the county judge
4-18 and recorded by the clerk in the minutes of the commissioners'
4-19 court, and shall thereafter be binding [upon each commissioner, and
4-20 upon all persons employed under the commissioners' court, in
4-21 accordance with this Act; provided, that whenever such rules or
4-22 amendments are adopted, they shall be published at least once in a
4-23 newspaper of general circulation, the rate to be paid to be as now
4-24 fixed by law for legal publications].
4-25 SECTION 4. Section 32, Chapter 17, Special Laws, Acts of the
4-26 33rd Legislature, Regular Session, 1913, is amended to read as
4-27 follows:
5-1 Sec. 32. It shall be unlawful for any member of said
5-2 commissioners' court, or for any county officer of Harris county,
5-3 to be or become financially interested, directly or indirectly in
5-4 any contract with said county, for road work, or for the purchase
5-5 or sale of any material or supplies of any character, or in any
5-6 transaction whatever in connection with any of the business of said
5-7 county, excepting only his own salary, fee, or per diem. If any
5-8 such county commissioner, or such county officer, shall willfully
5-9 violate any of the foregoing provisions of this Section, he shall
5-10 be deemed guilty of malfeasance in office, and upon conviction
5-11 thereof, shall be punished by a fine of not less than $500 [five
5-12 hundred ($500.00) dollars], nor more than $1,000 [one thousand
5-13 ($1,000.00) dollars], or by imprisonment, in the county jail of
5-14 said county, for not more than one year, or by both such fines and
5-15 imprisonment; and in addition thereto, shall be forthwith removed
5-16 from office[; provided, that the county judge shall receive as
5-17 ex-officio compensation not more than three thousand ($3,000.00)
5-18 dollars per annum, to be fixed by the court, and shall receive no
5-19 per diem].
5-20 SECTION 5. The following laws are repealed:
5-21 (1) Section 5-a, Chapter 17, Special Laws, Acts of the
5-22 33rd Legislature, Regular Session, 1913, as added by Chapter 205,
5-23 Acts of the 50th Legislature, Regular Session, 1947; and
5-24 (2) Section 28-b, Chapter 17, Special Laws, Acts of
5-25 the 33rd Legislature, Regular Session, 1913, as added by Chapter
5-26 15, Special Laws, Acts of the 42nd Legislature, Regular Session,
5-27 1931.
6-1 SECTION 6. This Act takes effect September 1, 1999.
6-2 SECTION 7. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2265 was passed by the House on April
30, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2265 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor