1-1 By: Hamric (Senate Sponsor - Brown) H.B. No. 2265
1-2 (In the Senate - Received from the House May 3, 1999;
1-3 May 3, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Harris County Road Law; providing a civil penalty.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 1-A, Chapter 17, Special Laws, Acts of
1-11 the 33rd Legislature, Regular Session, 1913, as added by Chapter
1-12 801, Acts of the 68th Legislature, Regular Session, 1983, is
1-13 amended to read as follows:
1-14 Sec. 1-A. The Commissioners' Court of Harris County may
1-15 prohibit the discharge of sewage and municipal, recreational,
1-16 agricultural, or industrial waste into drainage ditches in the
1-17 rights-of-way of county roads when such waste is not being
1-18 discharged in accordance with a permit issued by the Texas Natural
1-19 Resource Conservation Commission [Department of Water Resources].
1-20 The court may adopt rules to administer this section.
1-21 SECTION 2. Section 2, Chapter 17, Special Laws, Acts of the
1-22 33rd Legislature, Regular Session, 1913, as amended by Section 2,
1-23 Chapter 801, Acts of the 68th Legislature, Regular Session, 1983,
1-24 is amended to read as follows:
1-25 Sec. 2. (a) Subject to the provisions of this Act, the
1-26 Commissioners' Court of Harris County shall have the power and
1-27 right to adopt such rules and regulations for:
1-28 (1) the proper construction and maintenance of its
1-29 roads, bridges, and drainage as it may see proper;
1-30 (2) the construction and maintenance of driveways,
1-31 culverts, bridges, and other structures within the county road
1-32 right-of-way to provide access to and from the traveled portion of
1-33 the road to property adjoining such road which may include [but
1-34 shall not be limited to] the following:
1-35 (A) [(a)] to require any individual or entity to
1-36 give notice to Harris County prior to the placement, removal, or
1-37 relocation of driveways, culverts, bridges, and other structures
1-38 within the county road right-of-way; or
1-39 (B) [(b)] to set requirements for the size,
1-40 type, and location of such driveways, culverts, bridges, and other
1-41 structures within the county road right-of-way;
1-42 (3) the laying, constructing, maintaining, and
1-43 repairing of pipelines, lines, mains, cables, or other public
1-44 utility facilities in, under, along, across, or [and/or] over the
1-45 county road right-of-way by any individual or entity authorized to
1-46 do so by law, which may include [but shall not be limited to] the
1-47 following:
1-48 (A) [(a)] to require notice to Harris County
1-49 prior to the laying, constructing, maintaining, or repair of said
1-50 pipelines, lines, mains, cables, or other public utility facilities
1-51 within the county road right-of-way; or
1-52 (B) [(b)] to set minimum requirements and
1-53 conditions for such laying, constructing, maintaining, and
1-54 repairing of such pipelines, lines, mains, cables, or other public
1-55 utility facilities in, under, across, or [and/or] along such county
1-56 road right-of-way;
1-57 (4) the drainage of land into a road, road
1-58 right-of-way, or appurtenant drainage facility; and
1-59 (5) the collection of reasonable fees set by the
1-60 Commissioners' Court from any person or entity required by such
1-61 rules and regulations to give notice to Harris County.
1-62 (b) Fees collected under Subsection (a)(5) of this section
1-63 may [Such fees shall] be used only to defray the expense of
1-64 administration of such rules and regulations promulgated by the
2-1 Commissioners' Court.
2-2 (c) The Commissioners' Court shall further have the power
2-3 [from time to time] to add to, alter, repeal, or amend said rules
2-4 and regulations.
2-5 (d) Any person who shall violate any provisions of any rules
2-6 or regulations adopted by Commissioners' Court pursuant to this
2-7 section shall be guilty of a Class C misdemeanor [and shall upon
2-8 conviction be punished by a fine not to exceed Two Hundred Dollars
2-9 ($200.00)].
2-10 (e) A county may institute a civil suit in district court
2-11 against a person who violates a rule or regulation adopted by the
2-12 commissioners court under this section. On a finding that the
2-13 person has violated, is violating, or is threatening to violate the
2-14 rule or regulation, the court may:
2-15 (1) grant injunctive relief to restrain the person
2-16 from engaging in or continuing the violation;
2-17 (2) impose a civil penalty payable to the county of
2-18 not more than $200; or
2-19 (3) grant the injunctive relief and impose the civil
2-20 penalty.
2-21 (f) When [Provided, that at any meeting when] such rules and
2-22 regulations are adopted, amended, or repealed, there shall be
2-23 present at least three commissioners and the county judge. If
2-24 [Provided, however, if] two of the commissioners are absent from a
2-25 [shall fail or refuse to attend any] regular weekly meeting of the
2-26 Commissioners' Court for as long as two days in succession, then
2-27 upon the third day the Commissioners' Court may, two commissioners
2-28 and the county judge being present, [proceed to] act on any matter
2-29 covered by this section[, in like manner] as if three members and
2-30 the county judge were present[, as hereinbefore provided].
2-31 SECTION 3. Section 3, Chapter 17, Special Laws, Acts of the
2-32 33rd Legislature, Regular Session, 1913, is amended to read as
2-33 follows:
2-34 Sec. 3. Whenever any rules, regulations or course of
2-35 procedure in connection with the construction or maintenance of the
2-36 roads, bridges, and drains of Harris county have been adopted, they
2-37 shall thereupon be reduced to writing, approved by the county judge
2-38 and recorded by the clerk in the minutes of the commissioners'
2-39 court, and shall thereafter be binding [upon each commissioner, and
2-40 upon all persons employed under the commissioners' court, in
2-41 accordance with this Act; provided, that whenever such rules or
2-42 amendments are adopted, they shall be published at least once in a
2-43 newspaper of general circulation, the rate to be paid to be as now
2-44 fixed by law for legal publications].
2-45 SECTION 4. Section 32, Chapter 17, Special Laws, Acts of the
2-46 33rd Legislature, Regular Session, 1913, is amended to read as
2-47 follows:
2-48 Sec. 32. It shall be unlawful for any member of said
2-49 commissioners' court, or for any county officer of Harris county,
2-50 to be or become financially interested, directly or indirectly in
2-51 any contract with said county, for road work, or for the purchase
2-52 or sale of any material or supplies of any character, or in any
2-53 transaction whatever in connection with any of the business of said
2-54 county, excepting only his own salary, fee, or per diem. If any
2-55 such county commissioner, or such county officer, shall willfully
2-56 violate any of the foregoing provisions of this Section, he shall
2-57 be deemed guilty of malfeasance in office, and upon conviction
2-58 thereof, shall be punished by a fine of not less than $500 [five
2-59 hundred ($500.00) dollars], nor more than $1,000 [one thousand
2-60 ($1,000.00) dollars], or by imprisonment, in the county jail of
2-61 said county, for not more than one year, or by both such fines and
2-62 imprisonment; and in addition thereto, shall be forthwith removed
2-63 from office[; provided, that the county judge shall receive as
2-64 ex-officio compensation not more than three thousand ($3,000.00)
2-65 dollars per annum, to be fixed by the court, and shall receive no
2-66 per diem].
2-67 SECTION 5. The following laws are repealed:
2-68 (1) Section 5-a, Chapter 17, Special Laws, Acts of the
2-69 33rd Legislature, Regular Session, 1913, as added by Chapter 205,
3-1 Acts of the 50th Legislature, Regular Session, 1947; and
3-2 (2) Section 28-b, Chapter 17, Special Laws, Acts of
3-3 the 33rd Legislature, Regular Session, 1913, as added by Chapter
3-4 15, Special Laws, Acts of the 42nd Legislature, Regular Session,
3-5 1931.
3-6 SECTION 6. This Act takes effect September 1, 1999.
3-7 SECTION 7. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
3-12 * * * * *